In T.M.D. v. Commissioner of Public Safety, Mark D. Kelly successfully challenged the revocation of his client’s driving privileges following a DWI arrest in Anoka County.
After reviewing the circumstances surrounding the arrest, the District Court found that the arresting officer lacked probable cause to believe the client had been driving while impaired. Without probable cause, the officer did not have the legal authority to invoke Minnesota’s implied-consent law.
The court therefore rescinded the license revocation and ordered the client’s driving privileges reinstated.
This victory illustrates that the consequences of a DWI arrest are not limited to the criminal case. The separate driver’s-license proceeding can also be challenged—and the legality of the traffic stop, arrest, and implied-consent process may determine whether the revocation stands.
Past results do not guarantee a similar outcome in future cases.
