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State, Department of Public Safety v. Wangensteen

Supreme Court of Minnesota
Aug 2, 1974
221 N.W.2d 567 (Minn. 1974)

Opinion

No. 44615.

August 2, 1974.

Highway traffic regulation — revocation of license for failure to permit chemical testing — failure to offer driver both alternative tests — effect.

Appeal by the state, Department of Public Safety, from an order of the Hennepin County Municipal Court, Patrick W. Fitzgerald, Judge, rescinding the proposed revocation of the driver's license of Theodore Paul Wangensteen. Reversed.

Warren Spannaus, Attorney General, and Thomas G. Lockhart, Special Assistant Attorney General, for appellant.

Theodore Wangensteen, Jr., pro se, Robins, Meshbesher, Singer Spence, and John J. Scanlan, for respondent.

Considered and decided by the court without oral argument.


This is an appeal from an order of the Hennepin County Municipal Court which rescinded an order of the commissioner of public safety revoking defendant's driver's license for refusal to permit chemical testing under Minn. St. 169.123. The municipal court held that the failure of the police who arrested defendant for driving while under the influence to offer him both the alternative breath and urine tests mentioned in § 169.123 where both were available barred revocation of defendant's license for refusal to permit chemical testing. Subsequent to the municipal court's decision and while the appeal in the instant case was pending, we held in State v. Boland, 299 Minn. 198, 199, 217 N.W.2d 491, 492 (1974): "While we believe that police should be encouraged to offer a driver both alternatives if both are available, we do not believe that under the statute the failure of the police to do so bars revocation." That case disposes of this appeal. Any change in the clear language of the statute is properly the function of the legislature.

Reversed.


Summaries of

State, Department of Public Safety v. Wangensteen

Supreme Court of Minnesota
Aug 2, 1974
221 N.W.2d 567 (Minn. 1974)
Case details for

State, Department of Public Safety v. Wangensteen

Case Details

Full title:STATE, DEPARTMENT OF PUBLIC SAFETY, v. THEODORE PAUL WANGENSTEEN

Court:Supreme Court of Minnesota

Date published: Aug 2, 1974

Citations

221 N.W.2d 567 (Minn. 1974)
221 N.W.2d 567

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