Legal Opinion

Abeln v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided October 13, 1987No. C4-87-266PublishedCited by 7 opinions

1Opinion of the Court

OPINION

PARKER, Judge.

Appellant Michael Abeln was arrested for driving while under the influence of alcohol, and his license was revoked pursuant to the implied consent law. He petitioned for judicial review, contending that he was not in physical control of a motor vehicle because the vehicle was inoperable. The trial court sustained the revocation. We affirm.

FACTS

On October 9, 1986, at approximately 3:00 p.m., Edina Police Officer James Fischer was dispatched to investigate a “slumper behind the wheel.” Fischer found Michael Abeln in his truck at an intersection, parked at the curb. He…

2Cases cited3 opinions

  1. State, Department of Public Safety v. JuncewskiSupreme Court of Minnesota · 1981
  2. Roberts v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
  3. State v. WoodwardCourt of Appeals of Minnesota · 1987

3Cited by7 opinions

  1. State v. StarfieldSupreme Court of Minnesota · 1992
  2. Hughes v. StateDistrict Court of Appeal of Florida · 2006
  3. Snyder v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2008
  4. State v. HendricksCourt of Appeals of Minnesota · 1998
  5. Cloyd v. StateDistrict Court of Appeal of Florida · 2006

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