Dehn v. Commissioner of Public Safety
| Decision Date | 14 October 1986 |
| Docket Number | No. C1-86-845,C1-86-845 |
| Citation | 394 N.W.2d 272 |
| Parties | Bernadette DEHN, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
The officer properly informed appellant of the implied consent advisory.
Michael A. Zimmer, Waseca, for appellant.
Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for respondent.
Heard, considered and decided by HUSPENI, P.J., and PARKER and RANDALL, JJ.
Appellant was arrested for driving while under the influence. She submitted to a breath test which disclosed an alcohol concentration of .17. After an implied consent hearing, the trial court sustained the revocation of appellant's driving privileges. Appellant appeals from the trial court's order. We affirm.
On July 23, 1985, Officer John Broughten arrested appellant for driving while under the influence. He took her to the sheriff's department in Waseca, where he read the implied consent advisory to her. The reading and subsequent discussion were videotaped. After Officer Broughten read the implied consent advisory, the following exchange took place:
Appellant: So what if I flunk, then what happens?
Officer Broughten: You'd be spending the night here.
Appellant: So regardless I'll be spending the night.
Officer Broughten: The only way you'll be released tonight is if you have a $1,000 cash bail or you blow a pass on this machine.
Appellant took the breath test, and the test result showed an alcohol concentration of .17. The Commissioner revoked her license for 90 days and she petitioned for judicial review. The trial court sustained the revocation. On appeal, Officer Broughten's answers to her two questions are the primary issue. Appellant claims they confused and misled her.
Did the officer properly advise appellant of her rights pursuant to the implied consent law?
The facts in this case are not in dispute. Instead, appellant contests the trial court's conclusions of law. Conclusions of law will be overturned only upon a determination that the trial court has erroneously construed and applied the law to the facts of the case. See Durfee v. Red Baxter Imports, Inc., 262 N.W.2d 349 (Minn.1977).
Appellant argues that Officer Broughten did not properly advise her of her rights pursuant to Minn.Stat. Sec. 169.123, subd. 2(b) (1984). Minn.Stat. Sec. 169.123, subd. 2(b) provides that when a test is requested under the implied consent law, the person shall be given the implied consent advisory. The issue of whether an officer has properly informed the driver of the rights and consequences of taking or refusing the test may be raised at the implied consent hearing. Minn.Stat. Sec. 169.123, subd. 6(2); Connor v. Commissioner of Public Safety, 386 N.W.2d 242, 244 (Minn.Ct.App.1986).
Appellant challenges the information which she was given after Officer Broughten read her the implied consent advisory. She contends that this information was a misstatement of the law, was extremely coercive, and rendered the implied consent advisory illegal.
Several cases have addressed the issue of whether the advisory was illegal. In Hallock v. Commissioner of Public Safety, 372 N.W.2d 82 (Minn.Ct.App.1985), a driver challenged a revocation because the officer added language to the statutory provision which stated: "Your decision whether or not to submit to testing is final and may not be changed following any conversation with your attorney." Id. at 83. The driver contended that this language was confusing and discouraged him from seeking the advice of counsel. This court noted that uniformity in giving the implied consent advisory is highly encouraged, and recommended that police officers read the exact words of the statute to avoid the possibility of confusion or improper deviation from the statute. However, the court held that it could not say that the added sentence was an incorrect statement of Minnesota law or so confusing as to render the advisory illegal. Id.
In this case appellant did not contend that the advisory itself was...
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McDonnell v. Commissioner of Public Safety
...those for judicial review of the revocation decision. Minn.Stat. § 169.123, subd. 6(2) (Supp.1989). See Dehn v. Comm'r of Public Safety, 394 N.W.2d 272, 273-74 (Minn.App.1986). Faced with the important decision whether to submit to testing, the driver must be accurately Minnesota courts hav......
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...of law will not be overturned absent erroneous construction and application of the law to the facts. Dehn v. Comm'r of Pub. Safety, 394 N.W.2d 272, 273 (Minn.App.1986). Under the implied-consent law, an officer may require a person to take a test if the officer has probable cause to believe......
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Cramer v. Commissioner of Public Safety, No. A03-1953 (MN 1/18/2005)
...that the [district] court has erroneously construed and applied the law to the facts of the case." Dehn v. Comm'r of Pub. Safety, 394 N.W.2d 272, 273 (Minn. App. 1986). I. Appellant first argues that his wife did not consent to the deputies' warrantless entry into their home. A warrantless ......
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Maietta v. Commissioner of Public Safety, C2-02-2261.
...a determination that the trial court has erroneously construed and applied the law to the facts of the case." Dehn v. Comm'r of Pub. Safety, 394 N.W.2d 272, 273 (Minn. App.1986) (citation Appellant contends that his refusal to take the test was reasonable. He argues that the supreme court h......