Raymond Scott Henry v. Commissioner of Public Safety
A15-358
| Minn. Ct. App. | Dec 5, 2016Background
- Henry was arrested for DWI and taken to the county jail where Deputy Eisenschenk read the implied-consent advisory.
- Henry asked to contact an attorney, used the jail phone to leave a voicemail for one attorney, spent ~4 minutes in the phone room, and did not call others.
- Back in the testing room, Henry repeatedly said he wanted to consult an attorney and avoided answering whether he would take a breath test; the deputy warned that unreasonable delay would be deemed a refusal.
- After multiple requests for a decision, the deputy deemed Henry to have refused the breath test and the Commissioner revoked his license.
- Henry petitioned to rescind the revocation arguing (1) his limited right to counsel was not vindicated, (2) he did not refuse the test (or any refusal was reasonable); the district court denied relief and this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Henry's limited right to counsel was vindicated | Henry: four minutes and one voicemail were insufficient; he changed his mind and should have been allowed more time | Commissioner: deputy provided phone, directories, reasonable time; Henry stopped good-faith efforts | Court: Vindicated — Henry ceased good-faith efforts and had a reasonable opportunity |
| Whether Henry refused the breath test | Henry: never verbally refused and only sought counsel | Commissioner: evasive, nonresponsive conduct after warnings amounted to refusal | Court: Finding of refusal affirmed — conduct frustrated testing and amounted to refusal |
| Whether any refusal was reasonable | Henry: renewed requests to consult counsel made refusal reasonable | Commissioner: no authority supports indefinite waiting for counsel; prior opportunity had been vindicated | Court: Not reasonable — no confusion or misleading by police; obligation to decide without further delay |
| Constitutional challenge to test-refusal statute | Henry initially raised it | Commissioner opposed; Henry later abandoned the claim | Court: Issue waived; not considered |
Key Cases Cited
- Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828 (Minn. 1991) (limited right to consult counsel vindicated by phone and reasonable time)
- Gergen v. Commissioner of Pub. Safety, 548 N.W.2d 307 (Minn. App. 1996) (single unsuccessful call and statement of being done failed good-faith requirement)
- Mell v. Commissioner of Pub. Safety, 757 N.W.2d 702 (Minn. App. 2008) (short contact time and cessation of effort can satisfy vindication inquiry)
- Slette v. Commissioner of Pub. Safety, 585 N.W.2d 407 (Minn. App. 1989) (officers should recognize immediate withdrawal of waiver when it does not interfere with processing)
- Linde v. Commissioner of Pub. Safety, 586 N.W.2d 807 (Minn. App. 1998) (avoiding test request by insisting on counsel can constitute refusal)
- Ferrier v. Commissioner of Pub. Safety, 792 N.W.2d 98 (Minn. App. 2010) (refusal determined from words and actions under totality of circumstances)
- Frost v. Commissioner of Pub. Safety, 401 N.W.2d 454 (Minn. App. 1987) (reasonable refusal may exist if police mislead or fail to explain obligations)