AXELBERG v. COMMISSIONER OF PUBLIC SAFETY

No. A12-1341.

848 N.W.2d 206 (2014)

Jennifer Marie AXELBERG, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Supreme Court of Minnesota.

May 21, 2014.


Attorney(s) appearing for the Case

Ryan Pacyga , Ryan Pacyga Criminal Defense, Minneapolis, MN, for appellant.

Lori Swanson , Attorney General, John B. Galus , Assistant Attorney General, Saint Paul, MN, for respondent.

Charles A. Ramsay , Daniel J. Koewler , Ramsey Law Firm, PLLC, Roseville, MN, for amicus curiae Minnesota Society for Criminal Justice and Minnesota Association of Criminal Defense Lawyers.


OPINION

GILDEA, Chief Justice.

The question presented in this case is whether a person who has had his or her driver's license revoked under Minnesota's implied consent law may raise the common law affirmative defense of necessity in a civil implied consent hearing under Minn. Stat. § 169A.53, subd. 3 (2012). Because we conclude that the plain language of the statute does not permit a person to raise the affirmative defense of necessity at an implied...

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