Legal Opinion

Schlemme v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided February 26, 1985No. C1-84-1666PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FOLEY, Judge.

Douglas Schlemme’s driver’s license was revoked because he refused to submit to a breath test. Schlemme seeks rescission of the revocation, contending that the state failed to establish circumstances in which he could be required to take a test. We affirm.

FACTS

Very late June 12,1984, a security guard at a Bloomington hotel noticed a silver Corvette straddling a concrete curb in the hotel parking lot. The muffler had been torn off. The car lights were on and the engine was running. Douglas Schlemme was behind the wheel.

The guard asked Schlemme to get out of the car. After…

2Cases cited6 opinions

  1. Marben v. State, Department of Public SafetySupreme Court of Minnesota · 1980
  2. Holtz v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1983
  3. State v. KlineCourt of Appeals of Minnesota · 1984
  4. State v. PhelpsSupreme Court of Minnesota · 1973
  5. State, Department of Public Safety v. GrovumSupreme Court of Minnesota · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Moran v. North Dakota Department of TransportationNorth Dakota Supreme Court · 1996
  2. Connor v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986
  3. Andersen v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1987
  4. Becker v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985

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