Cited by

Opinions in Minnesota that cite Prideaux v. State Dept. of Public Safety, 247 N.W.2d 385.

115 citing documents.

Campbell v. Commissioner of Public Safety 489 N.W.2d 269 Minn. Ct. App. 1992
Campbell v. Commissioner of Public Safety 489 N.W.2d 269 Minn. Ct. App. 1992
Safety, 310 Minn. 405, 419
Kuhn v. Commissioner of Public Safety 488 N.W.2d 838 Minn. Ct. App. 1992
Parsons v. Commissioner of Public Safety 488 N.W.2d 500 Minn. Ct. App. 1992
Parsons v. Commissioner of Public Safety 488 N.W.2d 500 Minn. Ct. App. 1992
Safety, 310 Minn. 405, 419 , the Supreme Court found a statutory right to counsel existed.
Kuhn v. Commissioner of Public Safety 488 N.W.2d 838 Minn. Ct. App. 1992
Safety, 310 Minn. 405, 421 , ).
Friedman v. Commissioner of Public Safety 473 N.W.2d 828 Minn. 1991
Friedman v. Commissioner of Public Safety 473 N.W.2d 828 Minn. 1991
However, we subsequently questioned the validity of the “civil” label of the DWI license revocation proceeding in Prideaux v. State, Dep’t of Public Safety, 310 Minn. 405 , : The bases of all these [cases denying the right to counsel], including our decision in Palmer , have been that driver’s license revocation is a civil proceeding, and, as a corollary, that the taking of a chemical test is not a “critical stage” in a criminal prosecution.
McDonnell v. Commissioner of Public Safety 473 N.W.2d 848 Minn. 1991
McDonnell v. Commissioner of Public Safety 473 N.W.2d 848 Minn. 1991
As this court explained in State v. Prideaux, the choice between submitting to and refusing a test “may be a meaningful one to an individual driver.” Prideaux, 310 Minn. 405, 412
McDonnell v. Commissioner of Public Safety 460 N.W.2d 363 Minn. Ct. App. 1990
Friedman v. Commissioner of Public Safety 455 N.W.2d 93 Minn. Ct. App. 1990
Friedman v. Commissioner of Public Safety 455 N.W.2d 93 Minn. Ct. App. 1990
In Prideaux v. State, Department of Public Safety, 310 Minn. 405, 411 , the supreme court said the decision of whether to take or refuse chemical testing is arguably a “critical stage” in the DWI proceeding.
Sigfrinius v. Commissioner of Public Safety 378 N.W.2d 124 Minn. Ct. App. 1985
Sigfrinius v. Commissioner of Public Safety 378 N.W.2d 124 Minn. Ct. App. 1985
2(b)(3) (1982), repealed in relevant part at 1984 Minn.Laws ch. 622, § 10; Prideaux v. State, Department of Public Safety, 310 Minn. 405
Hallock v. Commissioner of Public Safety 372 N.W.2d 82 Minn. Ct. App. 1985
Hallock v. Commissioner of Public Safety 372 N.W.2d 82 Minn. Ct. App. 1985
2 (1984) effectively abolished the limited right to counsel previously recognized in Prideaux v. State, Department of Public Safety, 310 Minn. 405
Leiven v. Commissioner of Public Safety 370 N.W.2d 432 Minn. Ct. App. 1985
Leiven v. Commissioner of Public Safety 370 N.W.2d 432 Minn. Ct. App. 1985
§ 169.123 (1984) effectively abolished the limited right to counsel recognized by the court in Prideaux v. State, Department of Public Safety, 310 Minn. 405
Nyflot v. Commissioner of Public Safety 369 N.W.2d 512 Minn. 1985
Nyflot v. Commissioner of Public Safety 369 N.W.2d 512 Minn. 1985
§ 481.10 (1984), as interpreted in Prideaux v. State, Dept, of Public Safety, 310 Minn. 405 , Nyflot had a limited right to call her attorney before deciding whether to take a test and that the 1984 amendment changing the implied consent advisory did not change that right, and (2) in any event, she had a limited right to counsel in this situation under the sixth amendment of the Federa
Nyflot v. Commissioner of Public Safety 365 N.W.2d 266 Minn. Ct. App. 1985
Nyflot v. Commissioner of Public Safety 365 N.W.2d 266 Minn. Ct. App. 1985
The Minnesota Supreme Court recognized a “limited” right to counsel for drivers required to decide whether to submit to a chemical test of blood alcohol content in Prideaux v. State Department of Public Safety, 310 Minn. 405
Jones v. Commissioner of Public Safety 364 N.W.2d 854 Minn. Ct. App. 1985
Jones v. Commissioner of Public Safety 364 N.W.2d 854 Minn. Ct. App. 1985
The right was first recognized in Prideaux v. State, Department of Public Safety, 310 Minn. 405 , and was based on the general statutory right of a restrained person to consult an attorney set forth in Minn.Stat.
McCann v. Commissioner of Public Safety 361 N.W.2d 169 Minn. Ct. App. 1985
McCann v. Commissioner of Public Safety 361 N.W.2d 169 Minn. Ct. App. 1985
See Prideaux v. State, Department of Public Safety, 310 Minn. 405
Clough v. Commissioner of Public Safety 360 N.W.2d 428 Minn. Ct. App. 1985
Clough v. Commissioner of Public Safety 360 N.W.2d 428 Minn. Ct. App. 1985
In Prideaux v. State, Department of Public Safety, 310 Minn. 405 , our supreme court explained the nature of this limited right: The right to counsel will be considered vindicated if the person is provided with a telephone prior to testing and given a reasonable time to contact and talk with counsel.
Martin v. Commissioner of Public Safety 358 N.W.2d 734 Minn. Ct. App. 1984
Martin v. Commissioner of Public Safety 358 N.W.2d 734 Minn. Ct. App. 1984
*736 ANALYSIS I. Right to Counsel The origin of case law on the limited statutory right to counsel of a person arrested for DWI is Prideaux v. State, Department of Public Safety, 310 Minn. 405
Shovein v. Commissioner of Public Safety 357 N.W.2d 386 Minn. Ct. App. 1984
Shovein v. Commissioner of Public Safety 357 N.W.2d 386 Minn. Ct. App. 1984
This right was recognized by the Minnesota Supreme Court in Prideaux v. State, Department of Public Safety, 310 Minn. 405
Stefano v. Commissioner of Public Safety 358 N.W.2d 83 Minn. Ct. App. 1984
Stefano v. Commissioner of Public Safety 358 N.W.2d 83 Minn. Ct. App. 1984
2(b)(3) (Supp. 1983); Prideaux v. State, Department of Public Safety, 310 Minn. 405
Saxton v. Commissioner of Public Safety 355 N.W.2d 769 Minn. Ct. App. 1984
Explained Saxton v. Commissioner of Public Safety 355 N.W.2d 769 Minn. Ct. App. 1984
Prideaux v. State, Department of Public Safety, 310 Minn. 405 , (Minn.Ct.
Eveslage v. Commissioner of Public Safety 353 N.W.2d 623 Minn. Ct. App. 1984
Eveslage v. Commissioner of Public Safety 353 N.W.2d 623 Minn. Ct. App. 1984
Not only must the person be informed of the right but “police officers must assist in its vindication.” Prideaux v. State, Department of Public Safety, 310 Minn. 405, 421
Sturgeon v. Commissioner of Public Safety 350 N.W.2d 487 Minn. Ct. App. 1984
Sturgeon v. Commissioner of Public Safety 350 N.W.2d 487 Minn. Ct. App. 1984
In Prideaux v. State, Department of Public Safety, 310 Minn. 405 , the court held the driver had a limited statutory right to counsel in deciding whether to submit to testing.
Butler v. Commissioner of Public Safety 348 N.W.2d 827 Minn. Ct. App. 1984
Butler v. Commissioner of Public Safety 348 N.W.2d 827 Minn. Ct. App. 1984
Prideaux v. State, Dept. of Public Safety, 310 Minn. 405 , 406 n. 2, , 387 n. 2 (1976).
State v. Von Bank 341 N.W.2d 894 Minn. Ct. App. 1984
State v. Von Bank 341 N.W.2d 894 Minn. Ct. App. 1984
Indeed, our decision in State v. Beckey, 291 Minn. 483 , counsels against this.” Defense counsel further asserts that defendant-driver had a constitutional right to counsel which had not been clearly waived when she was asked to submit to a breath test* The trial judge properly noted that in Prideaux v. State, 310 Minn. 405 , the Minnesota Supreme Court stated that only a limited statutory right and not a constitutional right to counsel exists at this stage of the police investigation process.
State v. Gross 335 N.W.2d 509 Minn. 1983
Heddan v. Dirkswager 336 N.W.2d 54 Minn. 1983
Heddan v. Dirkswager 336 N.W.2d 54 Minn. 1983
This requirement was established by this court in Prideaux v. State, Commissioner of Public Safety, 310 Minn. 405
State v. Gross 335 N.W.2d 509 Minn. 1983
In Prideaux v. State, 310 Minn. 405 , we interpreted Minn.Stat.
State, Department of Public Safety v. Wiehle 287 N.W.2d 416 Minn. 1979