Legal Opinion

State v. Schuster

Court of Appeals of Minnesota

Decided January 31, 2006No. A04-2278, A05-41Published

1Opinion of the Court

OPINION

SHUMAKER, Judge.

Appellants in these consolidated appeals challenge the district court’s refusal to prohibit the use of North Dakota impaired driving convictions to enhance Minnesota impaired driving offenses. Because the prior convictions arise from violations of appellants’ Minnesota constitutional rights, the prior convictions cannot be used to enhance Minnesota offenses, and we reverse.

FACTS

The Minnesota Impaired Driving Code presents a scheme of penalties and enhanced penalties for driving, operating, or being in physical control of a motor vehicle while impaired from alcohol or…

2Cases cited15 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
  3. State v. LothenbachSupreme Court of Minnesota · 1980
  4. Friedman v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  5. Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987

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