CASE LAW UPDATE: Whether defendant met his burden of proving physical inability to test?
Defendant challenged the implied consent revocation of his drivers license, following a DWI. On appeal, defendant argued that the trial court erred by asking questions during the hearing and that he satisfied his burden of proof by presenting sufficient evidence of his physical inability to test. The Minnesota Court of Appeals concluded that the trial court did not commit reversible error by inquiring about defendant’s prior DWI charges during the implied consent hearing, and, did not clearly err in finding that defendant failed to meet his burden of proving the affirmative defense of physical inability. Affirmed.
Jackson v. Comm’r of Pub. Safety, A21-0716, Ramsey County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.