Legal Opinion

Modaff v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided July 1, 2003No. C5-02-2190Published

1Opinion of the Court

OPINION

STONEBURNER, Judge.

Appellant Stephen M. Modaff argues that the district court erred by sustaining the revocation of his driver’s license under the implied-consent law because the court’s findings of fact are both clearly erroneous and unsupported by the record. Because any clearly erroneous facts. and unsupported findings of fact in the district court’s order do not relate to Modaffs challenge to the legality of his seizure, and because there is evidence in the record to support implicit findings that the officer observed driving behavior and a traffic violation that constitute…

2Cases cited7 opinions

  1. Marben v. State, Department of Public SafetySupreme Court of Minnesota · 1980
  2. Berge v. Commissioner of Public SafetySupreme Court of Minnesota · 1985
  3. State v. GeorgeSupreme Court of Minnesota · 1997
  4. State v. HansonSupreme Court of Minnesota · 1984
  5. Umphlett v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1995

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