Legal Opinion
Mossak v. Commissioner of Public Safety
Court of Appeals of Minnesota
Decided February 7, 1989No. C4-88-1590PublishedCited by 16 opinions
1Opinion of the Court
OPINION
CRIPPEN, Judge.
Appellant challenges the trial court’s decision to sustain revocation of her driver’s license for refusing a breath test after an implied consent advisory. Although police permission could have and undoubtedly should have been given for recantation of appellant’s refusal of a breath test, the revocation of appellant’s license is lawful.
FACTS
At 3:40 a.m. on April 20, 1988, following her arrest on an accusation of driving while under the influence, appellant Julianne Mossak was asked by a police officer if she would permit testing of her breath. Mos-sak said she wanted to…
2Cases cited6 opinions
- Nyflot v. Commissioner of Public SafetySupreme Court of Minnesota · 1985
- State v. PalmerSupreme Court of Minnesota · 1971
- Gaunt v. Motor Vehicle Div., Dept. of Transp.Court of Appeals of Arizona · 1983
- State v. CorradoNew Jersey Superior Court Appellate Division · 1982
- State, Department of Public Safety v. EarlySupreme Court of Minnesota · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Department of Licensing v. LaxWashington Supreme Court · 1995
- State v. BernhardtNew Jersey Superior Court Appellate Division · 1991
- State v. SuazoNew Mexico Supreme Court · 1994
- Parsons v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1992
- Schultz v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1989
11 more not listed; retrieve them via the Exa API.