STATE OF MINNESOTA
IN COURT OF APPEALS
C0-00-262
Patrick John Igo, petitioner,
Appellant,
vs.
Commissioner of Public Safety,
Respondent.
Filed August 1, 2000
Affirmed
Kalitowski, Judge
Washington County District Court
File No. C5995011
Brian M. Marsden, Rosedale Towers, Suite 107, 1700 West Highway 36, Roseville, MN 55113
(for appellant)
Mike Hatch, Attorney General, Jeffrey F. Lebowski, Joel A. Watne, Assistant Attorneys General,
525 Park Street, Suite 500, St. Paul, MN 55103 (for respondent)
Considered and decided by Klaphake, Presiding Judge, Kalitowski, Judge, and Stoneburner,
Judge.
S Y L L A B U S
Evidence of a driver's consumption of a beverage containing minimal amounts of alcohol establishes sufficient cause for the Commissioner of Public Safety to believe that the driver has violated a total abstinence restriction on driving privileges.
O P I N I O N
KALITOWSKI, Judge
Appellant Patrick John Igo challenges the district court's order sustaining the cancellation of his
driver's license by the Commissioner of Public Safety, arguing that the court erred in finding the
Commissioner of Public Safety had sufficient cause to believe appellant had violated the total
abstinence restriction on his driver's license by consuming nonalcoholic beer.
FACTS
The parties do not dispute the relevant facts. Following several DUI convictions and driver's license
revocations in the 1980s, appellant Patrick John Igo's driving privileges were reinstated subject to a
condition of total abstinence in 1990. At approximately 1:00 a.m. on September 4, 1999, appellant
was stopped by a Washington County sheriff's deputy for speeding on his motorcycle. Upon
approach, the deputy noticed a distinct odor of alcoholic beverage and asked if appellant had been
drinking. Appellant indicated that he had consumed several cans of Sharp's, a nonalcoholic beer.
Appellant was pleasant and cooperative, and displayed no indicia of intoxication other than the odor
of alcohol.
While running a driver's license check, the deputy discovered the abstinence restriction on
appellant's license. He administered a portable breath test that registered a steady green light,
indicating the presence of alcohol in appellant's system in a concentration between 0.004 and
0.055. The deputy gave appellant a verbal warning for speeding, issued a citation for violating the
abstinence restriction, and reported the incident to the Commissioner of Public Safety.
The commissioner subsequently cancelled appellant's license based on his violation of the total
abstinence restriction, and the cancellation was upheld by a reviewing officer. Appellant filed a
petition for reinstatement with the district court, pursuant to Minn. Stat. § 171.19 (1998). At the
hearing on his petition, the parties stipulated that Sharp's beer contains 0.37 percent alcohol.
The district court determined that because the commissioner had presented evidence that Sharp's
beer contains alcohol, this case was not controlled by this court's decision in Plaster v.
Commissioner of Pub. Safety, 490 N.W.2d 904 (Minn. App. 1992). The district court concluded
that the commissioner had sufficient cause to believe appellant had violated his abstinence restriction
and that the cancellation of his driving privileges was not arbitrary or capricious.
ISSUES
1. Did the district court err by applying an arbitrary-and-capricious standard of review to the
Commissioner of Public Safety's cancellation of appellant's license?
2. Did the commissioner have sufficient cause to believe appellant had violated the abstinence
restriction on his driver's license based on appellant's consumption of nonalcoholic beer?
ANALYSIS
There is a presumption of regularity and correctness when license matters are reviewed. Thorson v.
Commissioner of Pub. Safety, 519 N.W.2d 490, 493 (Minn. App. 1994). This court will not
reverse a license determination unless it finds that it is unsupported by substantial evidence or is
arbitrary and capricious. Id. The Commissioner of Public Safety must present some evidence to
show that sufficient cause existed to believe a violation of the total abstinence clause occurred.
Plaster v. Commissioner of Pub. Safety, 490 N.W.2d 904, 906 (Minn. App. 1992). Appellant
must show that the commissioner acted unreasonably. Thorson, 519 N.W.2d at 493.
I.
The district court upheld the cancellation of appellant's license after concluding that the
commissioner's decision was not arbitrary or capricious given the undisputed presence of alcohol in
appellant's system. Appellant argues that the court applied the incorrect standard of review under
this court's recent holding in Madison v. Commissioner of Pub. Safety, 585 N.W.2d 77 (Minn.
App. 1998), review denied (Minn. Dec. 15, 1998). We disagree.
In Madison, we held that because Minn. Stat. § 171.19 (1998) authorizes the district court to take
new evidence at a hearing on a petition for reinstatement, the court must do more than simply
determine whether the commissioner had sufficient cause for cancellation based on the facts known
at the time of the initial cancellation. Madison, 585 N.W.2d at 83. Under Madison, the district
court must weigh witness credibility and all of the evidence, and independently determine whether
the cancellation is justified. Id. at 82-83.
Although appellant is correct that Madison requires a district court to review license revocations
and cancellations de novo, he has not shown that the district court failed to do so in this case. The
record reflects that the court received new evidence at the hearing on appellant's petition, including
the parties' stipulation concerning the alcohol content of Sharp's beer and testimony from both
appellant and the investigating officer. Because no facts were in dispute, it was not necessary for the
court to make credibility determinations. Further, the findings and conclusion reflect that the court
examined the facts and resolved the case after the appropriate independent review.
II.
The Commissioner of Public Safety has the authority to require complete abstinence from alcohol
and other controlled substances as a continuing condition for retaining a driver's license. Askildson
v. Commissioner of Pub. Safety, 403 N.W.2d 674, 677 (Minn. App. 1987), review denied
(Minn. May 28, 1987). The commissioner's regulations require cancellation of a driver's license that
is reinstated subject to an abstinence restriction if the commissioner has sufficient cause to believe
the driver has consumed alcohol after completing rehabilitation. Minn. R. 7503.1300, subp. 3
(1999).
The district court upheld the cancellation based on its interpretation of the undisputed facts, the
commissioner's regulations, and the scope of the impact of this court's decision in Plaster. We
review the district court's application of the law de novo when the material facts are not in dispute.
Hubred v. Control Data Corp., 442 N.W.2d 308, 310 (Minn. 1989).
Appellant argues that the commissioner lacked sufficient cause to believe that he violated his
abstinence restriction because, under this court's holding in Plaster, the consumption of Sharp's
beer cannot constitute such a violation. We disagree.
Appellant misconstrues the holding in Plaster. In that case, we reversed a license revocation after
concluding that the commissioner had failed to show sufficient cause to believe that the driver had
violated his abstinence restriction. 490 N.W.2d at 908. As here, the driver presented evidence
indicating he had only consumed Sharp's nonalcoholic beer, which discloses on its label that it
`contains less than 0.5 percent alcohol by volume.' Id. at 907. But, unlike the facts here, in
Plaster the commissioner failed to present any evidence that Sharp's contains alcohol, necessarily
rendering the license cancellation without sufficient cause under Minn. Stat. § 171.14 (1998). Id. at
907.
Here, the commissioner provided the evidentiary basis that was lacking in Plaster. This evidence
consisted of (1) appellant's admission that he consumed three to four cans of Sharp's beer; (2) the
stipulated fact that Sharp's beer contains 0.37 percent alcohol; and (3) the results of appellant's
breath test, indicating the presence of alcohol in his system. Based on this evidence, the district
court did not err in finding that appellant violated the terms of the commissioner's regulations, which
mandate cancellation whenever a licensee subject to an abstinence restriction consumes alcohol.
Minn. R. 7503.1300, subp. 3.
Appellant also contends that under Plaster, the consumption of Sharp's beer cannot violate an
abstinence restriction because Sharp's is not an intoxicating beverage. We disagree. Rule
7503.1300, subpart 3, specifically provides that the consumption of alcohol is a violation of an
abstinence restriction. Appellant has not attempted to argue that this rule is invalid or beyond the
scope of the commissioner's authority, nor did Plaster so hold. Rather, the holding in Plaster was
that because the commissioner failed to establish sufficient cause to believe Plaster had consumed
alcohol, the district court erred by prematurely shifting the burden of proof to Plaster to show that
the commissioner had acted unreasonably. 490 N.W.2d at 906-07.
Appellant cites language in Plaster concerning the fairness of revoking a driver's license based on
the consumption of a beverage that contains so little alcohol that it is labeled nonalcoholic.
Plaster, 490 N.W.2d at 908. But this discussion was not essential to the resolution of the case and
is therefore dictum, which is not binding in subsequent cases. K.R. v. Sanford, 588 N.W.2d 545,
548 (Minn. App. 1999), aff'd 605 N.W.2d 387 (Minn. 2000).
Appellant also argues that the commissioner's cancellation here is unfair because it punishes a driver
under an abstinence restriction when the driver has deliberately avoided the consumption of
intoxicating beverages. But we have previously held that the abstinence requirement serves to
minimize the risk to the public by requiring known repeat offenders to prove abstinence and
sobriety for a prescribed period of time. Mechtel v. Commissioner of Pub. Safety, 373 N.W.2d
832, 835 (Minn. App. 1985). Thus, the abstinence requirement serves a rational purpose of
ensuring that a driver who has already been deemed inimical to public safety can demonstrate
self-control by abstaining from all alcohol consumption. It is for this reason that the commissioner
can require abstinence even when the driver is not behind the wheel of a vehicle. See Askildson,
403 N.W.2d at 677. We conclude that likewise the commissioner can impose a restriction of total
abstinence from alcohol, even where there is no evidence of a risk that the consumption could result
in intoxication.
D E C I S I O N
The district court did not err in sustaining the cancellation of appellant's driver's license. The record
supports the conclusion that the commissioner established sufficient cause to believe that appellant
violated his abstinence restriction and that appellant failed to show that the commissioner's actions
were unreasonable.
Affirmed.
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