Cited by

Opinions in Minnesota that cite Davis v. Commissioner of Public Safety, 517 N.W.2d 901.

75 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2023
Safety, - 92 4 (Minn. App. 1993), aff’d
Robert Herman Larsen, petitioner, Appellant, Minn. Ct. App. 2021
Safety , aff’d, d 901 (Minn. 1994).
Patrick Jerald Martini, petitioner, Appellant, Minn. Ct. App. 2019
Safety, –05 (Minn. 1994).
State of Minnesota, Respondent, Minn. Ct. App. 2018
Donny Warren, petitioner, Appellant, Minn. Ct. App. 2017
David Kenneth Schlicher, petitioner, Appellant, Minn. Ct. App. 2017
Safety, (affirming district court’s rescission of license revocation where appellant’s right to counsel was not vindicated), aff’d
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
Ryan Paul Jirik v. Commissioner of Public Safety Minn. Ct. App. 2016
Ryan Paul Jirik v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, -04 (Minn. 1994); Poeschel v. Commissioner of Pub.
State of Minnesota v. Bradley Edward Reps Minn. Ct. App. 2016
Safety, (addressing whether “deficiencies” of advisory violated driver’s right to procedural due process); McDonnell, d at 855 (concluding that advisory that misinformed driver of consequences of refusing testing violated due process).
Tyler Lee Johnson v. Commissioner of Public Safety 887 N.W.2d 281 Minn. Ct. App. 2016
Tyler Lee Johnson v. Commissioner of Public Safety 887 N.W.2d 281 Minn. Ct. App. 2016
Safety, the supreme court stated, “While we are troubled by the deficiencies of the current advisory, we are unwilling at this time to say that the advisory violates procedural due process under the Minnesota Constitution.”
Brett Richard Kline v. Commissioner of Public Safety Minn. Ct. App. 2016
Brett Richard Kline v. Commissioner of Public Safety Minn. Ct. App. 2016
Safety, aff'd, (affirming district court’s rescission of license revocation where appellant’s right to counsel was not vindicated).
David John Anderson v. Commissioner of Public Safety 878 N.W.2d 926 Minn. Ct. App. 2016
David John Anderson v. Commissioner of Public Safety 878 N.W.2d 926 Minn. Ct. App. 2016
Quentin Keith Orsten v. Commissioner of Public Safety Minn. Ct. App. 2015
Quentin Keith Orsten v. Commissioner of Public Safety Minn. Ct. App. 2015
Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
Safety, -87 (Minn. App. 1993), aff’d
Hunter Daniel Hanlon v. Commissioner of Public Safety Minn. Ct. App. 2015
Hunter Daniel Hanlon v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, (23 minutes), aff’d
Ryan James Dekok v. Commissioner of Public Safety Minn. Ct. App. 2015
Ryan James Dekok v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Paul Richard Dehn Minn. Ct. App. 2015
State of Minnesota v. Paul Richard Dehn Minn. Ct. App. 2015
Williams v. Commissioner of Public Safety 830 N.W.2d 442 Minn. Ct. App. 2013
Williams v. Commissioner of Public Safety 830 N.W.2d 442 Minn. Ct. App. 2013
Safety, (quoting Mackey v. Montrym, 443 U.S. 1, 30 , 99 S.Ct.
State v. Omwega 769 N.W.2d 291 Minn. Ct. App. 2009
State v. Omwega 769 N.W.2d 291 Minn. Ct. App. 2009
Safety, (stating that the court of appeals properly rejected an argument that the implied-consent hearing is a de facto criminal proceeding requiring application of due-process rights associated with a criminal trial).
Schulz v. Commissioner of Public Safety 760 N.W.2d 331 Minn. Ct. App. 2009
Schulz v. Commissioner of Public Safety 760 N.W.2d 331 Minn. Ct. App. 2009
Johnson v. Commissioner of Public Safety 756 N.W.2d 140 Minn. Ct. App. 2008
Johnson v. Commissioner of Public Safety 756 N.W.2d 140 Minn. Ct. App. 2008
Safety, aff'd, see also Bell v. Burson, 402 U.S. 535, 539 , 91 S.Ct.
Riehm v. Commissioner of Public Safety 745 N.W.2d 869 Minn. Ct. App. 2008
Riehm v. Commissioner of Public Safety 745 N.W.2d 869 Minn. Ct. App. 2008
State v. Wiltgen 737 N.W.2d 561 Minn. 2007
State v. Wiltgen 737 N.W.2d 561 Minn. 2007
Safety, -05 (Minn. 1994)
Bendorf v. Commissioner of Public Safety 727 N.W.2d 410 Minn. 2007
Bendorf v. Commissioner of Public Safety 727 N.W.2d 410 Minn. 2007
State v. Melde 725 N.W.2d 99 Minn. 2006
State v. Melde 725 N.W.2d 99 Minn. 2006
appellants also contend that Minnesota’s implied consent advisory violates due process under the state constitution.
Fedziuk v. Commissioner of Public Safety 696 N.W.2d 340 Minn. 2005
Fedziuk v. Commissioner of Public Safety 696 N.W.2d 340 Minn. 2005
We have upheld the constitutionality of the pre-2003 versions of the Implied Consent Law in three decisions: Davis v. Comm’r of Public Safety, Hamilton v. Comm’r of Public Safety
Maietta v. Commissioner of Public Safety 663 N.W.2d 595 Minn. Ct. App. 2003
Maietta v. Commissioner of Public Safety 663 N.W.2d 595 Minn. Ct. App. 2003
State v. Mellett 642 N.W.2d 779 Minn. Ct. App. 2002
State v. Mellett 642 N.W.2d 779 Minn. Ct. App. 2002
Safety, (concluding that the ability of the state to take a blood sample by force does not answer question of what process is due if suspect refuses to submit to testing), superseded by statute as recognized in Hamilton, d at 722 .
Groe v. Commissioner of Public Safety 615 N.W.2d 837 Minn. Ct. App. 2000
Groe v. Commissioner of Public Safety 615 N.W.2d 837 Minn. Ct. App. 2000
Safety, (circumstances consisting of probable cause included: suspect smelled of alcohol, had bloodshot and glossy eyes, had slurred speech, admitted to drinking and failed the field sobriety tests), aff'd, see also Heuton v. Commissioner of Pub.