STATE v. EAKINS

No. A05-1453.

720 N.W.2d 597 (2006)

STATE of Minnesota, Respondent, v. Jonathan David EAKINS, Appellant.

Court of Appeals of Minnesota.

August 29, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Jennifer M. Inz, Gregerson, Rosow, Johnson & Nilan, Ltd., Minneapolis, MN, for respondent.

Howard S. Carp, Borkon, Ramstead, Mariani, Fishman & Carp, Ltd., Minneapolis, MN, and Teresa Nelson, Legal Counsel, ACLU-MN, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; SHUMAKER, Judge; and WRIGHT, Judge.


OPINION

SHUMAKER, Judge.

Appellant Jonathan David Eakins was cited for owning a motor vehicle that failed to stop at the warning lights and stop-signal arm of a school bus. On appeal, he argues that the statute is unconstitutional because it violates the owner's right to due process by creating an irrebuttable presumption or an irrational rebuttable presumption that the owner of the car was the driver, or by criminalizing car ownership generally. He also...

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