Cited by

Opinions in Minnesota that cite State v. Ferrier, 792 N.W.2d 98.

71 citing documents.

State of Minnesota v. Xa Vang Minn. Ct. App. 2016
The essence of Vang’s argument is that he did not understand English well enough to have meaningfully refused the test and that his asking for a language interpreter did not amount to refusal.1 To establish test refusal, the state must prove some “volitional act” by the defendant showing “[a]ctual unwillingness to submit to testing.” review denied (Minn. Mar.
Richard Lee Zimmerman v. Commissioner of Public Safety Minn. Ct. App. 2016
Richard Lee Zimmerman v. Commissioner of Public Safety Minn. Ct. App. 2016
“[R]efusal to submit to chemical testing includes any indication of actual unwillingness to participate in the testing process, as determined from the driver’s words and actions in light of the totality of the circumstances.” review denied (Minn. Mar.
State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
review denied (Minn. Mar.
State of Minnesota v. Ryan Mark Thompson 873 N.W.2d 873 Minn. Ct. App. 2015
State of Minnesota v. Ryan Mark Thompson 873 N.W.2d 873 Minn. Ct. App. 2015
See State, Dep’t of Highways v. Lauseng, 289 Minn. 344, 345 n.1, -27 n.1 (1971) (stating that an arrestee may be unable to produce urine due to “the emotional disturbance created by arrest or accident” (quotation omitted)); (commenting that an arrestee was unable to produce a urine sample after several glasses of water and three opportunities to do so in more than one hour), review denied (Minn. Mar.
Jack Kenneth Pence v. Commissioner of Public Safety Minn. Ct. App. 2015
Jack Kenneth Pence v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, -60 (Minn. App. 2000); -02 (Minn. App. 2010) (affirming conviction of criminal refusal to submit to chemical testing), review denied (Minn. Mar.
State of Minnesota v. Tabashish Anamiki Ogitchida Minn. Ct. App. 2015
State of Minnesota v. Tabashish Anamiki Ogitchida Minn. Ct. App. 2015
review denied (Minn. Mar.
State of Minnesota v. Matthew Aaron Aldrich Minn. Ct. App. 2015
State of Minnesota v. Matthew Aaron Aldrich Minn. Ct. App. 2015
review denied (Minn. Mar.
Kevin Jerome Simons v. Commissioner of Public Safety Minn. Ct. App. 2015
Kevin Jerome Simons v. Commissioner of Public Safety Minn. Ct. App. 2015
“[R]efusal to submit to chemical testing includes any indication of actual unwillingness to participate in the testing process, as determined from the driver’s words and actions in light of the totality of the circumstances.” review denied (Minn. Mar.
Adam Perry Schroll v. Commissioner of Public Safety Minn. Ct. App. 2014
Adam Perry Schroll v. Commissioner of Public Safety Minn. Ct. App. 2014
review denied (Minn. Mar.
State of Minnesota v. Lisa Suzanne Hughes Minn. Ct. App. 2014
Rita Ann Stevens v. Commissioner of Public Safety 850 N.W.2d 717 Minn. Ct. App. 2014
State of Minnesota v. Lisa Suzanne Hughes Minn. Ct. App. 2014
8 Under the test-refusal statute, a driver refuses to submit to chemical testing by “any indication of actual unwillingness to participate in the testing process, as determined from the driver’s words and actions in light of the totality of the circumstances.” review denied (Minn. Mar.
Rita Ann Stevens v. Commissioner of Public Safety 850 N.W.2d 717 Minn. Ct. App. 2014
Safety, -60 (Minn.App.2000); -02 (Minn.App.2010) (affirming conviction of refusal to submit to chemical testing), re *722 view denied (Minn. Mar.