Maietta v. Commissioner of Public Safety

OPINION

KALITOWSKI, Judge.

Appellant Donald Peter Maietta challenges the decision by the district court sustaining the revocation of appellant’s driver’s license, arguing that (1) his refusal to submit to testing was reasonable; and (2) he was denied his right to effective assistance of counsel.

FACTS

The parties stipulated to the following facts: Appellant was arrested on April 26, 2002, for DWI, and an officer read appellant the implied consent advisory. The completed implied consent advisory stated that appellant understood that refusal to take a test was a crime. Appellant then told the…