Heuton v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Appellant Pamela Sue Heuton seeks reversal of the trial court’s decision sustaining the revocation of her driver’s license under the implied consent law, Minn.Stat. § 169.123 (1994). On appeal, Heuton argues that (1) the officer lacked probable cause to invoke the implied consent law, and (2) the Commissioner did not prove that Heuton was incapable of refusing the blood test. We affirm.

FACTS

On September 21,1994, Daniel Kuhl heard the screech of tires and a horn while he was working in his garden. Because the horn continued to blow, Kuhl went to investigate. He discovered…