Legal Opinion
State v. Netland
Court of Appeals of Minnesota
Decided December 11, 2007No. A06-1511PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WRIGHT, Judge.
Appellant challenges her conviction of second-degree driving while impaired for refusal to submit to a chemical test, arguing that (1) imposing criminal penalties for refusing to submit to chemical testing unconstitutionally conditions the privilege of driving on the driver’s surrender of rights guaranteed by the Fourth Amendment to the United States Constitution; (2) a conviction of driving while impaired for “refusing” to submit to a breath test based on the Intoxilyzer machine’s rejection of her breath samples, despite her apparent willingness to provide one, and the…
2Cases cited46 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Rochin v. CaliforniaSupreme Court of the United States · 1952
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3Cited by4 opinions
- State v. NetlandSupreme Court of Minnesota · 2009
- Rita Ann Stevens v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2014
- Rita Ann Stevens v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2014
- State v. NetlandSupreme Court of Minnesota · 2009