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• Title: State v. William George Beckey
• Author : Supreme Court of Minnesota
• Release Date : January 03, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The state appeals from an order of the Hennepin County Municipal Court rescinding an order of the commissioner of highways
which administratively directed the revocation of respondent's driver's license pursuant to our implied-consent statute, Minn.
St. 1969, § 169.123, upon respondent's alleged refusal to permit a chemical blood alcohol test. As authorized by the statutory
scheme, the court's order followed a judicial hearing granted of right to the accused driver upon his request. Appeal is now
granted to either party from an adverse ruling of the court holding the hearing. See, State, Department of Highways, v. Normandin,
284 Minn. 24, 169 N.W.2d 222(1969); State, Department of Highways, v. Halvorson, 288 Minn. 424, 181 N.W.2d 473 (1970). The determinative issue submitted to the lower court under its authorized scope of inquiry was whether respondent's refusal
to submit to a police-administered chemical test was based upon reasonable grounds. 1 The court heard the oral testimony
of respondent and the interrogating officer requesting the test. The court also viewed a video tape of respondent's behavior
and responses when he was in the traffic interview room under arrest for the criminal charge of driving under the influence
of intoxicating liquor and was confronted with the officer's request to submit to a chemical test. By stipulation, the record
also included the transcript of the testimony adduced at the previous day's jury trial of the criminal charge, which resulted
in respondent's acquittal. 2 At the conclusion of the hearing on the license revocation, the court orally reviewed the
evidence and declared its findings of fact and ultimate determination that respondent had reasonable grounds to refuse to
permit the test. The state appeals and we affirm.

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