Axelberg v. Commissioner of Public Safety

OPINION

GILDEA, Chief Justice.

The question presented in this case is whether a person who has had his or her driver’s license revoked under Minnesota’s implied consent law may raise the common law affirmative defense of necessity in a civil implied consent hearing under Minn. Stat. § 169A.53, subd. 3 (2012). Because we conclude that the plain language of the statute does not permit a person to raise the affirmative defense of necessity at an implied consent hearing, we affirm.

*207This case arises out of a domestic assault incident that took place over Memorial Day weekend in 2011. Appellant…