State, Department of Highways v. Schlief

Decision Date12 March 1971
Docket NumberNo. 42334,42334
Citation185 N.W.2d 274,289 Minn. 461
PartiesSTATE of Minnesota, DEPARTMENT OF HIGHWAYS, Appellant, v. Marius Marvin SCHLIEF, Respondent.
CourtMinnesota Supreme Court

Syllabus by the Court

The commissioner of public safety may not revoke driver's license of person refusing chemical test under implied consent law, Minn.St. 169.123, if person has reasonable grounds for such refusal. There are reasonable grounds for a person to refuse the test when he intends to plead guilty to the charge of driving while under the influence of an alcoholic beverage and does so plead.

Douglas M. Head, Atty. Gen., Eric B. Schultz, Acting Deputy Atty. Gen., Michael L. Schwab, Frederick S. Suhler, Jr., Sp. Asst. Attys. Gen., St. Paul, for appellant.

O'Neill, Burke & O'Neill, St. Paul, for respondent.

Heard before KNUTSON, C.J., and OTIS, PETERSON, KELLY, and ROSENGREN, JJ.

OPINION

PER CURIAM.

Appeal from the municipal court's order rescinding an order of the commissioner of highways (now commissioner of public safety and hereinafter commissioner) which directed revocation of defendant's driver's license pursuant to Minn.St. 169.123.

On September 20, 1969, defendant was arrested for driving a motor vehicle while under the influence of an alcoholic beverage. Two days later he pled guilty to driving while under the influence of alcohol. Upon receiving a certificate that defendant had refused chemical testing, the commissioner issued a proposed order to revoke defendant's driver's license. Defendant requested a hearing in municipal court.

During the hearing defendant testified that the reason he refused the chemical test was because 'I knew I had to plead guilty and I didn't know the law applied if you plead guilty.' The lower court rescinded the order of revocation and the commissioner appeals.

The issue in this case is whether there is reasonable grounds for a person to refuse the chemical test under Minn.St. 169.123 when he intends to plead guilty to the charge of driving while under the influence of an alcoholic beverage and does so plead.

Minn.St. 169.123, subd. 6, provides:

'* * * The hearing shall be recorded and proceed as in a criminal matter, without the right of trial by jury, and its scope shall cover the issues of whether the peace officer had reasonable and probable grounds to believe the person was driving or operating a motor vehicle while under the influence of an alcoholic beverage; whether the person was lawfully placed...

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18 cases
  • Prideaux v. State, Dept. of Public Safety
    • United States
    • Minnesota Supreme Court
    • October 8, 1976
    ...of his blood-alcohol content to be used against him in a subsequent prosecution for that offense. State, Dept. of Highways, v. Schlief, 289 Minn. 461, 463, 185 N.W.2d 274, 275 (1971). The license revocation proceeding thus becomes an arm of the prosecutor in his attempt to gather evidence a......
  • Parsons v. Commissioner of Public Safety
    • United States
    • Minnesota Court of Appeals
    • August 11, 1992
    ...Testing ensures that scientific evidence of the driver's intoxication will be available at trial. See State, Dep't of Highways v. Schlief, 289 Minn. 461, 462, 185 N.W.2d 274, 276 (1971). Fifth, the implied consent law is remedial in nature, and the laws are liberally interpreted in favor of......
  • State v. Schauer
    • United States
    • Minnesota Court of Appeals
    • June 15, 1993
    ...consent' statute can have" and his license could not be civilly revoked for refusing testing. State, Dept. of Highways v. Schlief, 289 Minn. 461, 463, 185 N.W.2d 274, 276 (1971). If a driver can be convicted of DWI based on a test taken without any attempt to comply with the implied consent......
  • Nowell v. State Dept. of Motor Vehicles
    • United States
    • Washington Supreme Court
    • November 29, 1973
    ...St.2d 111, 267 N.E.2d 311 (1971). The superior court erred in holding otherwise. Respondent relies upon State, Dep't of Highways v. Schlief, 289 Minn. 461, 185 N.W.2d 274 (1971), wherein the Supreme Court of Minnesota, under that state's implied consent law, upheld a judicial rescission of ......
  • Request a trial to view additional results
1 books & journal articles
  • Administrative hearings
    • United States
    • James Publishing Practical Law Books Defending Drinking Drivers - Volume One
    • March 31, 2022
    ...the earlier refusal. See also Creech v. Alexander , 32 N.C. App. 139, 231 S.E.2d 36 (1977). But see State Dep’t of Highways v. Schlief , 289 Minn. 461, 185 N.W.2d 274 (1971), where the court held that a license revocation would be unreasonable and serve no valid purpose if the motorist refu......

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