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THORNTON v. COMMISSIONER OF PUBLIC SAFETY

No. C4-85-1851.

384 N.W.2d 606 (1986)

Timothy R. THORNTON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 8, 1986.

Attorney(s) appearing for the Case

Melvin B. Goldberg, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by CRIPPEN, P.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

CRIPPEN, Judge.

A law enforcement officer asked a driver who had been involved in an accident to submit to alcohol concentration testing. The officer determined that the driver made a reasoned refusal, so the Commissioner of Public Safety revoked the driver's driving privileges. The trial court found that respondent was incapable of deciding to refuse testing and that under the implied consent law, respondent should have been tested. The Commissioner...

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