Legal Opinion

Mortenson v. Comm'r of Pub. Safety

Court of Appeals of Minnesota

Decided September 24, 2018No. A16-0738Published

1Opinion of the CourtLarkin, Judge

This court previously affirmed the district court's order rescinding the revocation of respondent's license to drive, which was based on his refusal to submit to chemical testing after his arrest for driving while impaired. Mortenson v. Comm'r of Pub. Safety , No. A16-0738 (Minn. App. Dec. 20, 2016) (order op.). The supreme court vacated this court's decision and remanded the matter to this court for reconsideration in light of Johnson . Applying the supreme court's reasoning in Johnson , we reverse the district court's order for rescission.

FACTS

On January 17, 2015, Officer Jason Cederberg…

2Cases cited11 opinions

  1. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  2. Thiele v. StichSupreme Court of Minnesota · 1988
  3. Friedman v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  4. McDonnell v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  5. State of Minnesota v. Ryan Mark ThompsonSupreme Court of Minnesota · 2016

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