Schmidt v. Commissioner of Public Safety

OPINION

FORSBERG, Judge.

Appellant Mary Karen Schmidt was arrested for driving while under the influence of alcohol, and her driver’s license was revoked by the Commissioner of Public Safety in accordance with the implied consent law. She thereafter filed a petition for judicial review, and sought rescission of the revocation.

At a district court hearing, Schmidt argued the officer’s stop of her vehicle was not lawful; the officer did not have probable cause to invoke the implied consent law and require her to take a chemical test; and she was denied or prevented by the officer from taking an…