VILLENEUVE v. COM'R OF PUBLIC SAFETY

No. C6-87-1161.

417 N.W.2d 304 (1988)

Joan E. VILLENEUVE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

January 5, 1988.


Attorney(s) appearing for the Case

Harry E. Eliason, Hibbing, for petitioner, appellant.

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

Considered and decided by HUSPENI, P.J., and SEDGWICK and LOMMEN, JJ.


OPINION

SEDGWICK, Judge.

The Commissioner of Public Safety revoked the driver's license of Joan E. Villeneuve because she refused chemical testing to determine her alcohol concentration. She petitioned for judicial review, arguing that she was physically incapable of refusal. The trial court sustained the revocation and she appeals.

FACTS

On February 17, 1987, at approximately 12:25 a.m., Sergeant David Bennett saw a vehicle in a low ditch...

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