The Minnesota DWI Case Of The Week is State v. Anderson (Decided June 17, 2019, Minnesota Court of Appeals, Published) which stands for the proposition that the use of a prior implied consent license revocation to enhance the severity of the current DWI charge does not violate due process provided the prior implied consent license revocation is "final" prior to the conviction for the current offense. This case just basically follows State v. Wiltgen, 737 N.W.2d 561 (Minn. 2007).
In Anderson, the defendant was arrested for DWI on October 2, 2016 and on December 18, 2016. Anderson filed a challenge to the October DWI license revocation but in April 2017, Anderson waived his right to further judicial review of the October license revocation.
On August 7, 2017. the state charged Anderson with 2nd Degree DWI Refusal using the October license revocation to enhance the charges stemming from his December 2016 arrest.
The Defendant filed a Motion To Dismiss the 2nd degree charge arguing that at the time the December offense was committed, the challenge to the October license revocation was not "final" and the revocation could not be used to enhance the present charge. The Court of Appeals rejected the argument stating"
"The United States and Minnesota Constitutions guarantee due process of law for criminal defendants. U.S. Const, amend. XIV, § 1; Minn. Const, art. I, § 7. Due process requires an “opportunity to be heard at a meaningful time and in a meaningful manner.” State v. Krause, 817 N.W.2d 136, 145 (Minn. 2012) (quoting Mathews v. Eldridge, 424 U.S. 319, 333, 96 S. Ct. 893, 902 (1976)) (other quotation omitted). The United States Supreme Court has held that when an administrative proceeding, such as a license revocation, plays a “critical role” in imposing a subsequent criminal sanction, “there must be some meaningful review of the administrative proceeding.” United States v. Mendoza-Lopez, 481 U.S. 828, 837-38, 107 S. Ct. 2148, 2155 (1987). Accordingly, some “means of obtaining judicial review must be made available before the administrative order may be used to establish conclusively an element of a criminal offense."
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"In Wiltgen, the supreme court applied the three-part test established in Mathews v. Eldridge. Id. at 568-70 (citing Mathews, 424 U.S. at 335, 96 S. Ct. at 903). After weighing the Mathews factors, the supreme court determined that the combined private interest and risk of an erroneous deprivation outweighed the government interest. Id. The supreme court held that the potential prejudice to the defendant “from the use of an unreviewed administrative revocation to enhance a subsequent DWI rises to the level of a violation of [the defendant’s] right to procedural due process.” Id. at 570."
"In footnote seven of Wiltgen, the supreme court considered whether the state was prejudiced by its ruling and determined that it was not. Id. at 572 n.7. The supreme court reasoned that, in future cases, the state “can delay the issuance of a second-degree DWI complaint until after the implied consent hearing has been conducted and the revocation has been sustained, or can charge third-degree DWI before the implied consent hearing and amend the complaint to add a second-degree DWI charge after the hearing."
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"Like the defendant in Heino, Anderson filed, then waived review of, his petition for judicial review of his 2016 license revocation before the state served a complaint that asserted an aggravating factor for his 2016 DWI. Although Heino involved a defendant’s property interest, and Anderson’s due-process claim involves his liberty interest, the risk of an erroneous deprivation is slight for Anderson. See Heino, 762 N.W.2d at 264 (concluding that “the risk of erroneous deprivation in this case was minimal”). If Anderson had proceeded with judicial review of the 2016 license revocation and successfully obtained a rescission, then the state could not have used his revocation as an aggravating factor for his 2016 DWI."
Moral Of The Story: If you can delay and delay and delay justice, you may be able to deny it!
If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
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