Heuton v. Commissioner of Public Safety

• Decision Date: 26 December 1995
• Docket Number: No. C3-95-1129,C3-95-1129
• Citation: 541 N.W.2d 361
• Parties: Pamela Sue HEUTON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.
• Court: Minnesota Court of Appeals

Page 361

541 N.W.2d 361

Pamela Sue HEUTON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

No. C3-95-1129.

Court of Appeals of Minnesota.

Dec. 26, 1995.

Jeffrey B. Ring, Jeffrey B. Ring & Associates, Minneapolis, for appellant.

Hubert H. Humphrey, III, Attorney General, Nancy J. Bode, Assistant Attorney General, St. Paul, for respondent.

Considered and decided by SCHUMACHER, P.J., and HUSPENI and WILLIS, JJ.

OPINION

HUSPENI, Judge.

Appellant Pamela Sue Heuton seeks reversal of the trial court's decision sustaining the revocation of her driver's license under the implied consent law, Minn.Stat. § 169.123 (1994). On appeal, Heuton argues that (1) the officer lacked probable cause to invoke the implied consent law, and (2) the Commissioner did not prove that Heuton was incapable of refusing the blood test. We affirm.

FACTS

On September 21, 1994, Daniel Kuhl heard the screech of tires and a horn while he was working in his garden. Because the horn continued to blow, Kuhl went to investigate. He discovered Heuton's badly damaged car upside down leaning against some trees. He was soon joined by another man, and the two discovered what they at first thought was a rag doll lying on the ground. They were, in fact, observing Heuton face down, legs spread, with one arm on her back. She did not respond to the questioning of the men and appeared to be unconscious. Kuhl covered her with a blanket and she appeared to regain consciousness. When asked if there were others in the car with her, she groaned something unintelligible. Police were summoned and arrived in 5-10 minutes.

At approximately 4:34 p.m., Scott County Deputy Robert Mulvehill arrived at the scene of the accident. Deputy Mulvehill observed tire marks on the pavement leading onto the shoulder of the road, then the marks returned across to the other side of the road and onto the shoulder. The accident occurred on a sharp curve on a dry, clear day. Heuton's car was about 150 feet off the road. The vehicle's sun roof and front window were broken, and it was leaking gasoline.

Deputy Mulvehill observed Heuton semiconscious lying face down. When asked if there were any other passengers, Heuton said no. Heuton was incapable of responding to the officer's other questions. She complained of pain repeatedly. Heuton was identified as the owner of the vehicle through the vehicle's registration.

A paramedic at the scene informed Deputy Mulvehill and Sergeant Mike Bush that he detected the odor of alcohol coming from Heuton. Sergeant Bush ordered that an alcohol test be given to Heuton. At approximately 5:00 p.m., Shakopee Police Officer Brian Clark arrived at the hospital with a blood test kit and an implied consent form. Officer Clark was denied permission to see Heuton. A medical technician took a sample of Heuton's blood at 5:18 p.m., without reading Heuton the implied consent form.

ISSUES

1. Did the officer have probable cause to believe Heuton had been driving while under the influence of alcohol?

2. Under the particular facts of this case, was Heuton incapable of refusing the blood test due to her injuries?

ANALYSIS

1. The Minnesota implied consent law provides that a person given driving privileges in Minnesota consents to have a blood, breath, or urine test to determine the presence of alcohol. Minn.Stat. § 169.123, subd. 2(a) (1994). A test may be required if the officer has probable cause to believe that the person was driving while under the influence of alcohol and one of the following conditions exist: (1) the person has been lawfully placed under arrest for DWI, (2) the person has been involved in an accident resulting in property damage or injury, or (3) the person has refused or failed a screening test. Id.

Heuton asserts that the officer did not have probable cause because the only indicia of intoxication was the purported odor of alcohol and that this standing alone does not constitute probable cause to invoke the implied consent law. We disagree.

In reviewing a probable cause determination, this court does not review the determination de novo; rather the court looks to see if the officer "had a substantial basis for concluding that probable cause existed at the time of invoking the implied consent law." State v. Olson, 342 N.W.2d 638, 641 (Minn.App.1984) (citing Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960)). An officer needs only one objective indication of intoxication to constitute probable cause to believe a person is under the influence. Holtz v. Commissioner of Pub. Safety, 340 N.W.2d 363, 365 (Minn.App.1983) (making clear that even single objective indication may be sufficient depending on circumstances); see Martin v. Commissioner of Pub. Safety, 353 N.W.2d 202 (Minn.App.1984) (reiterating that "it is fundamental that each case must be decided on its own facts and circumstances").

Here, the officer relied on the paramedic's statement that he detected alcohol on Heuton's breath. Additionally, there was no apparent reason why such a serious one-car accident would have occurred on a clear, dry day independent of driver impairment. See Eggersgluss v. Commissioner of Pub. Safety, 393 N.W.2d 183, 185 (Minn.1986) (examining totality of circumstances, including passenger reported drinking and one-car rollover at 4:30 a.m., to conclude probable cause existed); Stiles v. Commissioner of Pub. Safety, 369 N.W.2d 347, 351 (Minn.App.1985) (finding that probable cause for invoking the implied consent law existed and noting as one of the facts supporting probable cause that a serious single-vehicle accident occurred in which the driver lost control of his motorcycle for no immediately apparent reason).

Based on the totality of the circumstances confronting the peace officer, we conclude that there was probable cause to find that Heuton was under the influence of alcohol in violation of state law.

2. Heuton contends that the Commissioner did not carry his burden of proving by a preponderance of the evidence that she was incapacitated and, therefore, that the trial court erred in finding that she was incapable of consenting to a blood test. We disagree.

Minn.Stat. § 169.123, subd. 2c provides:

A person who is unconscious or who is otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subdivision 2 and the test may be given.

A finding of incapacity depends on a record of circumstances such that the reviewing court "is left with a 'firm conviction' that the driver was incapable of making a reasoned refusal." Thornton v. Commissioner of Pub. Safety, 384 N.W.2d 606, 608 (Minn.App.1986) (quoting Stiles, 369 N.W.2d at 352). We are left with that firm conviction in this case and conclude that the trial court should be affirmed.

We must evaluate, however, the trial court's reliance on Officer Clark's hearsay testimony regarding Heuton's condition. We note initially that nothing in the record indicates that Officer Clark had any personal knowledge of Heuton's condition. He was not at the scene, and there is no evidence that he talked to officers at the scene. Further, no notice was given to Heuton pursuant to Minn.R.Evid. 803(24) or 804(b)(5) regarding the anticipated use of hearsay testimony. Officer Clark testified that emergency room staff told him that the doctor would not allow him to see Heuton, and that a paramedic told him that Heuton's injuries were life threatening. Based on this information, Officer Clark concluded that Heuton was incapable of consenting to a blood test and invoked the implied consent law.

The trial court, after observing that pursuant to Minn.Stat. § 169.123 implied consent hearings may be conducted in the same manner as pretrial motion hearings in criminal prosecution under Minn.Stat. § 169.121, stated:

Minn.R.Crim.P. 11.03, dealing with pretrial motions, states in relevant part: "A finding by the court of probable cause shall be based upon the entire record including reliable hearsay in whole or part." The Court considers the statements made by the doctor ¹ to Officer Clark to be reliable hearsay. The doctor was in the best position to determine if [Heuton] was fit to be questioned. He was charged with the care of [Heuton's] life, he more than anyone else in the hospital, including the officer, knew best whether [Heuton] was in any condition to submit to questioning. The doctor had first hand information on [Heuton's] condition and this information was quickly told to the officer when he requested access. There is no reason that the doctor would lie or misreport [Heuton's] condition to the officer. The Court must conclude that the doctor's statements were reliable hearsay. From this information, Officer Clark had sufficient reason to conclude that [Heuton] was in a condition which rendered her incapable of refusal.

On appeal, Heuton contends that Officer Clark's statements regarding her condition are inadmissible hearsay, and that the trial court erred in considering this testimony. Heuton's argument on this point is persuasive. While reliable hearsay is admissible on the issue of probable cause, the statements regarding Heuton's incapacity are not offered to establish probable cause; they are offered to assist the Commissioner in proving by a preponderance of the evidence that Heuton was incapable of refusal. ²

Neither can we accept the state's argument that the statements of emergency room personnel regarding Heuton's condition were not offered to prove the truth of the matter asserted and that, therefore, the challenged testimony is non-hearsay under the "state of mind" exception set forth in rule 803(3). The statements of the medical personnel clearly addressed one of the facts that the...