State of Minnesota, Respondent v. Herman Tanksley, Jr., Appellant -- Case No. A10-0392: Appellant Herman Tanksley, Jr. was charged with two counts of fourth-degree driving while impaired. The charges were based, in part, on the results of a urine test indicating that Tanksley's alcohol concentration was .08 or higher within two hours of driving. Tanksley filed a motion to suppress the results of this urine test and requested a Frye-Mack hearing on the admissibility of first-void urine-alcohol test results. The district court denied these motions. The district court convicted Tanksley of fourth-degree driving while impaired, based on an alcohol concentration of .08 or higher, after a stipulated-facts trial. The court of appeals affirmed petitioner's conviction. On appeal to the supreme court, two issues are presented: (1) whether Tanksley was entitled to a Frye-Mack hearing on the admissibility of first-void urine-alcohol test results; and (2) if so, whether the denial of a Frye-Mack hearing was harmful. (Hennepin County) Case: State v. Tanksley A100392 Date: 10-5-2011 For a Minnesota DWI Attorney visit: minnesotaattorney.com
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