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41 Sua Sponte 1622 (2015)

handle is hein.journals/suapont41 and id is 1 raw text is: PROTECTING VICTIMS OF DOMESTIC ABUSE FROM AN OVERLY RIGID INTERPRETATION OF THE IMPLIED CONSENT LAW-AXELBERG V. COMMISSIONER OF PUBLIC SAFETY Allira Sharmat I. INTRODUCTION........................................ 1623 II. HISTORY AND CONTENT OF THE IMPLIED CONSENT LAW.... 1624 A. Challenging the Revocation: Administrative and Judicial Hearings .................................. 1627 B. Challenges to Minnesota's Implied Consent Law............... 1630 1. Right to Due Process Not Violated by Lack of Hearing Prior to License Revocation ............ ....... 1631 2. Arguing that the Statute Is Coercive ..... ........ 1631 3. Right to Counsel at the Testing Stage of the Implied Consent Process ...................... ..... 1632 C. The Histry of the Defense of Necessity .............. 1632 III. THE AXELBERG DECISION ......................... 1633 A. Material Facts ofAxelberg ................ ..... 1633 B. Procedural Posture ...................... ..... 1636 C. The Minnesota Supreme Court's Decision ................ 1636 IV. ANALYSIS OF AXELBERG. ........................... ..... 1639 A. Ms. Axelberg Acted out of Necessity........... ..... 1639 B. Minnesota Courts Previously Had Not Foreclosed the Possibility that a Necessity Defense May Be Raised When Appropriate. ................................ 1640 C. The Court's Absurd Interpretation of Legislative Intent ..... 1641 1. The Court's Narrow Interpretation of the Scope of Judicial Review Yields an Unreasonable Result ........... 1641 t JD Candidate, William Mitchell College of Law, 2017; BA, International Relations, University of California, Davis, 2004. The author would like to thank the dedicated staff and volunteers of Tubman for the opportunity to serve and learn how to be a better advocate. But most importantly, the author would like to thank her family and two children, Chloe and Cameron, for their ardent support. 1622

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