Belille v. Commissioner of Public Safety

I respectfully dissent. I am not persuaded that appellant was physically unable to provide an adequate breath sample.

The issue of physical inability is a question of fact and the trial court’s findings will not be reversed unless clearly erroneous. Burke v. Commissioner of Public Safety, 381 N.W.2d 903, 904 (Minn.Ct.App.1986). Due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. Minn.R.Civ.P. 52.01. Here, the majority is substituting its judgment for that of the trial court.

The trial court found that appellant’s alleged physical inability…