Clow v. Commissioner of Public Safety
| Decision Date | 12 February 1985 |
| Docket Number | No. C5-84-1122,C5-84-1122 |
| Parties | Bradley Anton CLOW, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
1. Notice of appeal filed within 33 days of mailed service of the trial court's order was timely.
2. Where the trial court found respondent admitted drinking "a couple, three beers," the arresting officer noticed the smell of alcohol, and respondent's eyes were bloodshot, the trial court's conclusion that the officer did not have probable cause to believe respondent was under the influence of alcohol is erroneous.
3. This court will not review grounds for contesting a driver's license revocation unless those grounds are stated in the petition for judicial review.
Barbara J. Runchey, Runchey, Louwagie & Wellman, Marshall, for respondent.
Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Sp. Asst. Atty. Gen., St. Paul, for appellant.
Heard, considered and decided by LESLIE, P.J., and WOZNIAK and LANSING, JJ.
The Commissioner of Public Safety revoked respondent's driver's license, and respondent petitioned for judicial review. Following a hearing, the trial court ordered rescission of the revocation, and the Commissioner appealed. We reverse the trial court's order rescinding the revocation.
At about 7:15 p.m. on March 31, 1984, State Trooper Dean Koenen investigated a truck/car accident near Marshall, Minnesota. After concluding from the damage that the truck had rear-ended the car, Trooper Koenen went to the local hospital to speak with the drivers.
Trooper Koenen located Bradley Clow, the driver of the truck, at the hospital at about 8:10 p.m. Clow stated that the car had pulled out in front of his truck and he had rear ended it. During the discussion Koenen noticed the odor of alcohol and that Clow's eyes were bloodshot. Koenen requested that Clow blow into his face and observed a stronger odor of alcohol. Clow admitted that he had consumed "a couple, three beers" before the accident. Koenen concluded that Clow was under the influence of alcohol and read him the implied consent advisory. Clow refused testing. Koenen later decided not to charge Clow with driving while under the influence of alcohol.
At the implied consent hearing Clow presented testimony from Barbara Warlop, a passenger in the car struck by Clow's truck. She testified she spoke with Clow at least four times immediately after the accident without observing the odor of alcohol or that Clow had slurred speech or trouble walking. Mary Warlop, who also observed Clow after the accident, corroborated that testimony and testified that she saw Clow crying. Brenda Clow testified that when she arrived at the hospital Clow was crying but did not appear to be under the influence of alcohol.
The trial court found that Clow's eyes were bloodshot, that Koenen had observed the odor of alcohol which was stronger at a short distance, and that Clow admitted he had consumed "a couple, three beers." However, the trial court concluded that Koenen did not have probable cause to believe Clow was under the influence of alcohol and ordered rescission of his license revocation. Clow mailed notice of the order to the Commissioner of Public Safety on or about May 21, 1984, and the Commissioner filed notice of appeal on June 21, 1984.
1. Did the Commissioner of Public Safety timely file a notice of appeal?
2. Did the trial court err in finding the trooper did not have probable cause to believe Clow was under the influence of alcohol?
3. Did the trooper violate Clow's due process and equal protection rights by failing to charge him with D.W.I., thus denying him the possibility of pleading guilty and receiving a shorter period of license revocation?
Clow contends that the Commissioner failed to timely file a notice of appeal. A party must file its notice of appeal within 30 days after service of a written notice that the order has been filed. Minn.R.Civ.App.P. 104.01. Rule 125.03 provides three additional days to file a notice of appeal when service of notice of an order is by mail. Id. 125.03. Clow mailed notice of the order to the Commissioner. Because the Commissioner filed notice of appeal within 33 days, therefore, the filing was timely.
Under the implied consent statute, a driver involved in a car accident resulting in property damage must submit to chemical testing when an officer has probable cause to believe the driver is under the influence of alcohol. See Minn.Stat. § 169.123, subd. 2 (Supp.1983). Probable cause for an arrest has been defined as "a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious [person] in believing the accused to be guilty." Garske v. United States, 1 F.2d 620, 623 (8th Cir.1924), quoted in State v. Harris, 265 Minn. 260, 264, 121 N.W.2d 327, 330, cert. denied, 375 U.S. 867, 84 S.Ct. 141, 11 L.Ed.2d 94 (1963). A court's determination of probable cause is both a question of fact and of law. Once the facts have been found the court must apply the law to determine if probable cause exists. See, e.g., Rude v. Commissioner of Public Safety, 347 N.W.2d 77 (Minn.Ct.App.1984).
The trial court specifically found that Trooper Koenen observed Clow's bloodshot eyes and the odor of alcohol and that Clow admitted drinking two or three beers. The court observed that there was a basis other than alcohol for the bloodshot eyes and found that the Warlops and Brenda Clow had no basis to believe Clow had been drinking. The court then concluded that Trooper Koenen did not have probable cause to believe that Clow was under the influence of alcohol. Taking the facts as the trial court found them, its conclusion that probable cause did not exist is error.
In Holtz v. Commissioner of Public Safety, 340 N.W.2d 363, 365 (Minn.Ct.App.1983), and Martin v. Commissioner of Public Safety, 353 N.W.2d 202, 204 (Minn.Ct.App.1984), this court considered the sufficiency of probable cause and concluded that probable cause is not reducible to a mechanical or numerical equation. Whether certain indicia of consumption of alcohol are sufficient to satisfy a standard of probable cause depends on the facts and circumstances in each case. A determination of sufficiency necessarily takes into account the credibility of the witness, the consistency of the testimony,...
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