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STATE v. WILTGEN

No. A06-152.

737 N.W.2d 561 (2007)

STATE of Minnesota, Respondent, v. Jessica Ann WILTGEN, Appellant.

Supreme Court of Minnesota.

August 23, 2007.

Attorney(s) appearing for the Case

Steven M. Tallen, Tallen And Baertschi, Minneapolis, MN, and Lori Swanson, Minnesota Attorney General, Saint Paul, MN, for Respondent.

Richard F. Koch, Andrew S. Garvis, Koch and Garvis, LLC, Minneapolis, MN, for Appellant.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, Justice.

This case presents the question of whether an administrative license revocation, which did not receive a prompt postrevocation judicial review because of an automatic stay pending the prosecution of the associated criminal charge; can constitutionally be used as an aggravating factor to support the enhancement of a subsequent driving while impaired (DWI) charge from third-degree to second-degree. Appellant Jessica Ann Wiltgen was...

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