Morehouse v. Commissioner of Public Safety

Appellant failed to establish that he was prejudiced by the implied consent advisory read to him after he was arrested on suspicion of driving while impaired, and therefore, Appellant was not entitled to a rescission of his license revocation under McDonnell v. Commissioner of Public Safety, 473 N.W.2d 848 (Minn. 1991).Appellant submitted to a blood test, and the test results showed an alcohol concentration above the legal limit. Appellant’s driver’s license was subsequently revoked. The district court sustained the revocation on the basis that Appellant voluntarily consented to the blood test. The Supreme Court affirmed, holding that Appellant was not entitled to a rescission of his license revocation under McDonnell because he did not even claim, much less establish, that he prejudicially relied on the implied consent advisory. View "Morehouse v. Commissioner of Public Safety" on Justia Law