Legal Opinion

Benolkin v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided July 14, 1987No. CX-86-2223PublishedCited by 1 opinion

1Opinion of the Court

OPINION

LANSING, Judge.

Appellant Andrea Benolkin was arrested for driving while under the influence of alcohol. She refused to take a breath test and her driving privileges were revoked under the implied consent law. She peti tioned for judicial review, asserting that her refusal was reasonable. The trial court sustained the revocation and Benol-kin appeals from the trial court’s order. We affirm.

FACTS

At approximately 1:30 a.m. on August 7, 1986, Hopkins Police Officer Patrick Malone, a certified peace officer, observed a vehicle weaving from side to side in its lane of traffic. After nearly…

2Cases cited2 opinions

  1. Gunderson v. Commissioner of Public SafetySupreme Court of Minnesota · 1984
  2. Exsted v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985

3Cited by1 opinion

  1. Johnson v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2004

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