HEUTON v. COMMISSIONER OF PUBLIC SAFETY

No. C3-95-1129.

541 N.W.2d 361 (1995)

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

Court of Appeals of Minnesota.

December 26, 1995.


Attorney(s) appearing for the Case

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

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