Legal Opinion
Smisek v. Commissioner of Public Safety
Court of Appeals of Minnesota
Decided February 17, 1987No. C3-86-1432PublishedCited by 4 opinions
1Opinion of the Court
OPINION
PARKER, Judge.
Respondent Yvonne Marie Smisek was arrested for driving while under the influence of alcohol, refused testing under the implied consent law, and the Commissioner of Public Safety revoked her license. Contending her refusal was reasonable because she intended to plead guilty, she petitioned for judicial review. The trial court rescinded the revocation, and the Commissioner of Public Safety appeals. We reverse.
FACTS
Smisek was arrested on February 27, 1986, for driving while under the influence of alcohol. The trooper read her the implied consent advisory. When asked whether…
2Cases cited8 opinions
- State v. NordstromSupreme Court of Minnesota · 1983
- Matter of Welfare of ClausenSupreme Court of Minnesota · 1980
- Donald S. Gustafson v. The Cornelius Company and the United Steelworkers of America and United Steelworkers of America Local Union No. 15199Court of Appeals for the Eighth Circuit · 1983
- State, Department of Public Safety v. MulvihillSupreme Court of Minnesota · 1975
- State, Department of Highways v. SchliefSupreme Court of Minnesota · 1971
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re BlockCourt of Appeals of Minnesota · 2007
- Wolle v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1987
- Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, L. P. v. Cheryl SmithCourt of Appeals of Minnesota · 2014
- In the Matter of the Civil Commitment of: Anthony Blake SwopeSupreme Court of Minnesota · 2025