Cited by

Opinions in Minnesota that cite Nyflot v. Commissioner of Public Safety, 369 N.W.2d 512.

105 citing documents.

State of Minnesota, Respondent, Minn. Ct. App. 2019
Safety, the Minnesota Supreme Court relied on Neville and held that a “[d]river who is arrested for driving while under the influence of alcohol has no right, statutory or constitutional, to consult with counsel before deciding whether to submit to chemical testing under the implied consent law.” d 512, 513, 517 (Minn. 1985), overruled in part by Friedman v. Comm’r of Pub.
State v. Rosenbush 931 N.W.2d 91 Minn. 2019
State v. Rosenbush 931 N.W.2d 91 Minn. 2019
Safety , , 515-16 (Minn. 1985) (determining that there is no right to counsel in this context under the Sixth Amendment).
State v. Hunn 899 N.W.2d 541 Minn. Ct. App. 2017
State v. Hunn 899 N.W.2d 541 Minn. Ct. App. 2017
Safety, -17 (Minn. 1985), where it had held that the right to counsel under the Sixth Amendment to the United States Constitution does not attach at the time a police officer requests chemical testing.
State v. Shriner 739 N.W.2d 432 Minn. Ct. App. 2007
Lewis v. Commissioner of Public Safety 737 N.W.2d 591 Minn. Ct. App. 2007
Lewis v. Commissioner of Public Safety 737 N.W.2d 591 Minn. Ct. App. 2007
Safety, , 517 n. 4 (Minn.1985).
State v. Webster 642 N.W.2d 488 Minn. Ct. App. 2002
State v. Webster 642 N.W.2d 488 Minn. Ct. App. 2002
The effect of this statutory change was tested in Nyflot v. Comm’r of Public Safety, appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Gergen v. Commissioner of Public Safety 548 N.W.2d 307 Minn. Ct. App. 1996
Gergen v. Commissioner of Public Safety 548 N.W.2d 307 Minn. Ct. App. 1996
Safety, (holding that “the 1984 amendment controls” and “that a driver arrested for DWI no longer has even a limited statutory right to consult with counsel before deciding whether to submit to chemical testing”).
State v. Lopez 538 N.W.2d 705 Minn. Ct. App. 1995
State v. Lopez 538 N.W.2d 705 Minn. Ct. App. 1995
Safety, review denied (Minn. Sept.
State v. Gilmartin 535 N.W.2d 650 Minn. Ct. App. 1995
State v. Gilmartin 535 N.W.2d 650 Minn. Ct. App. 1995
Davis v. Commissioner of Public Safety 517 N.W.2d 901 Minn. 1994
Davis v. Commissioner of Public Safety 517 N.W.2d 901 Minn. 1994
Those who comply with the requirement that they submit to testing probably do not have a , 517 n. 3 (Minn.1985), appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Davis v. Commissioner of Public Safety 509 N.W.2d 380 Minn. Ct. App. 1994
Davis v. Commissioner of Public Safety 509 N.W.2d 380 Minn. Ct. App. 1994
Safety, appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Ekong v. Commissioner of Public Safety 498 N.W.2d 319 Minn. Ct. App. 1993
Ekong v. Commissioner of Public Safety 498 N.W.2d 319 Minn. Ct. App. 1993
Safety, , 517 n. 4 (Minn.), appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
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, appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Kuhn v. Commissioner of Public Safety 488 N.W.2d 838 Minn. Ct. App. 1992
Safety, that a driver has no federal constitutional right to counsel before deciding whether to submit to chemical testing.
State v. Simon 485 N.W.2d 719 Minn. Ct. App. 1992
State v. Simon 485 N.W.2d 719 Minn. Ct. App. 1992
Safety, -17 (Minn.1985).
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
State v. Scott 473 N.W.2d 375 Minn. Ct. App. 1991
State v. Scott 473 N.W.2d 375 Minn. Ct. App. 1991
Although Schmerber allows the state to compel an individual arrested for driving while intoxicated to submit to a blood alcohol test, the legislature has enacted the implied consent law to “avoid the violent confrontations which could occur when people are forced to submit to testing.” (citing Neville, 459 U.S. at 559-60 , 103 S.Ct.
McDonnell v. Commissioner of Public Safety 460 N.W.2d 363 Minn. Ct. App. 1990
McDonnell v. Commissioner of Public Safety 460 N.W.2d 363 Minn. Ct. App. 1990
2638 , 110 L.Ed.2d 528 (1990), appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
State v. Whitehead 458 N.W.2d 145 Minn. Ct. App. 1990
State v. Whitehead 458 N.W.2d 145 Minn. Ct. App. 1990
(right to remain silent) (right to consult with counsel) establish that there is no wrongful interrogation when an officer elicits through an implied consent advisory a driver’s decision either to permit or refuse chemical testing.
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
appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Schultz v. Commissioner of Public Safety 447 N.W.2d 17 Minn. Ct. App. 1989
Schultz v. Commissioner of Public Safety 447 N.W.2d 17 Minn. Ct. App. 1989
appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Koester v. Commissioner of Public Safety 438 N.W.2d 725 Minn. Ct. App. 1989
Koester v. Commissioner of Public Safety 438 N.W.2d 725 Minn. Ct. App. 1989
The Commissioner argues that because appellant had not yet submitted to testing, his right to counsel had not attached, appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Mossak v. Commissioner of Public Safety 435 N.W.2d 578 Minn. Ct. App. 1989
Mossak v. Commissioner of Public Safety 435 N.W.2d 578 Minn. Ct. App. 1989
appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Franko v. Commissioner of Public Safety 432 N.W.2d 469 Minn. Ct. App. 1988
Franko v. Commissioner of Public Safety 432 N.W.2d 469 Minn. Ct. App. 1988
517 n. 4 (Minn.), appeal dismissed 474 U.S. 1027 , 106 S.Ct.
Villeneuve v. Commissioner of Public Safety 417 N.W.2d 304 Minn. Ct. App. 1988
Villeneuve v. Commissioner of Public Safety 417 N.W.2d 304 Minn. Ct. App. 1988
appeal dismissed, 474 U.S. 1027 , 106 S.Ct.
Jacob v. Commissioner of Public Safety 409 N.W.2d 283 Minn. Ct. App. 1987
Jacob v. Commissioner of Public Safety 409 N.W.2d 283 Minn. Ct. App. 1987