Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Willits v. Commissioner of Public Safety

Court of Appeals of Minnesota

March 6, 2017

David James Willits, petitioner, Appellant,
v.
Commissioner of Public Safety, Respondent.

         Hennepin County District Court File No. 27-CV-15-3478

          Robert M. Christensen, Robert M. Christensen, P.L.C., Minneapolis, Minnesota (for appellant)

          Lori Swanson, Attorney General, Cory Beth Monnens, Assistant Attorney General, St. Paul, Minnesota (for respondent)

          Considered and decided by Kirk, Presiding Judge; Halbrooks, Judge; and Rodenberg, Judge.

         SYLLABUS

         A law-enforcement officer does not prevent or delay a suspected drunk driver's statutory right to an additional chemical test under Minn. Stat. § 169A.51, subd. 7(b) (2014), when the officer provides the driver with a county-issued medical-grade specimen cup to collect the driver's urine sample.

          OPINION

          KIRK, Judge

         Appellant challenges the revocation of his driver's license on the ground that his statutory right to an additional chemical test was violated when a sheriff's deputy gave him a county-issued medical-grade specimen cup to collect his urine sample. Because the deputy did not prevent or delay the administration of the additional chemical test requested by appellant, we affirm.

         FACTS

         On March 1, 2015, Minnesota State Patrol Trooper Shaun Leshovsky arrested appellant David James Willits for driving while impaired. Trooper Leshovsky read the Minnesota Motor Vehicle Implied Consent Advisory to Willits, and Willits indicated that he understood the advisory. Trooper Leshovsky drove Willits to the Hennepin County Jail. At the jail, Willits stated that he wanted to talk to an attorney. Trooper Leshovsky provided Willits with a telephone and phone books, and Willits spoke with an attorney. Willits agreed to take a breath test. Around the time law enforcement administered the breath test, Willits told Trooper Leshovsky that he would like to take an independent test. At the implied-consent hearing, Trooper Leshovsky testified that he told Willits that jail staff "would coordinate an additional test to his liking."

         Willits completed the breath test, which revealed an alcohol concentration of 0.11. Trooper Leshovsky took Willits to the booking area and informed jail staff that Willits had requested an additional chemical test. Willits made a second phone call to arrange for an additional test. Shortly thereafter, M.G., Willits's ex-wife, arrived at the jail, and jail staff escorted her to a room where she handed Willits a Tupperware container. Hennepin County Deputy Sheriff Chad Caldwell also provided Willits with a medical-grade sterile specimen cup for Willits to use to collect his urine. Willits testified that he intended to use the Tupperware container to collect his urine sample until Deputy Caldwell gave him the county-issued urine-specimen cup and said, "You can use this one instead, sir." Willits provided a urine sample in the county-issued specimen cup and gave the specimen cup containing his urine sample and the Tupperware container to M.G.

         Respondent Minnesota Commissioner of Public Safety revoked Willits's driving privileges. Willits petitioned for judicial review of the Commissioner's revocation, arguing in part that law enforcement denied him his right to an additional chemical test. After an implied-consent hearing, the district court issued an order sustaining the revocation of Willits's driver's license. The district court concluded that there was no evidence that the county-issued specimen cup prevented an independent testing agency from analyzing Willits's urine sample in the same way that the Tupperware container would have allowed the analysis. It also concluded that Willits consented to the breath test.

         This ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.