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STATE v. POLSFUSS

Nos. A05-2108, A05-2563.

720 N.W.2d 1 (2006)

STATE of Minnesota, Respondent, v. Barbara Lynn POLSFUSS, Appellant (A05-2108), Allen Ferrozzo, Appellant (A05-2563).

Court of Appeals of Minnesota.

August 8, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Barry A. Sullivan, William G. Hawkins & Associates, Anoka, MN; and Alina Schwartz, Elliott B. Knetsch, Campbell Knutson, P.A., Eagan, MN, for respondent.

Richard P. Ohlenberg, Otten & Associates, Burnsville, MN, for appellant Polsfuss.

Richard L. Swanson, Chaska, MN, for appellant Ferrozzo.

Considered and decided by WORKE, Presiding Judge; KALITOWSKI, Judge; and HUDSON, Judge.

OPINION

WORKE, Judge.

In these consolidated appeals from convictions of DWI, appellants argue that chemical tests should have been suppressed because they were taken under an implied consent law that had been declared unconstitutional in Fedziuk v. Comm'r of Pub. Safety, 696 N.W.2d 340 (Minn.2005), because it did not provide for prompt judicial review. Appellants also argue that decisions in the accompanying implied...

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