On December 18, 2018 a
Complaint,Petition
was filed
involving a dispute between
Haneylee, Joseph Roger,
and
Commissioner Of Public Safety,
for Implied Consent
in the District Court of Ramsey County.
Preview
62-CV-18-8165
Filed in District Court
State of Minnesota
12/18/2018 4:48 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
Case Type: Implied Consent
____________________________________________________________________________________
Joseph Roger Haney-Lee, Court File No.: ________________
Petitioner,
and PETITION FOR JUDICIAL REVIEW
Commissioner of Public Safety,
Respondent.
____________________________________________________________________________________
TO: THE COMMISSIONER OF PUBLIC SAFETY, THE RESPONDENT NAMED ABOVE, BY
AND THROUGH HIS/HER ATTORNEY, AT BREMER TOWER, SUITE 1800, 445
MINNESOTA STREET, ST. PAUL, MN 55101.
PLEASE TAKE NOTICE that the above-named Petitioner, by and through his attorney, Steven R.
Coon, of the Law Offices of Steven Coon, 222 South 9th Street, Minneapolis, Minnesota 55402, requests
a hearing and petitions the Court pursuant to Minn. Stat. §169A.53, subd. 2, for rescission of the Order of
Revocation issued on or about December 9, 2018, arising out of the following incident:
Name: Josepg Roger Haney-Lee
Driver License Number: B282035180012
State of Issue: MN
Date of Birth: 11/12/1976
Place: Ramsey County
Law Enforcement Agency: White Bear Lake Police Dept.
Date of Incident: 12/09/2018
Case No.: 18024830
Petitioner seeks rescission of the revocation on the following basis:
1. The peace officer did not have probable cause to believe the Petitioner was driving,
operating, or in physical control of a motor vehicle while under the influence of alcohol in
violation of Minn. Stat. § 169A.20.
2. The peace officer did not lawfully arrest the Petitioner for a violation of Minn. Stat.
§169A.20.
3. The result of chemical breath test is invalid, unreliable and/or improperly evaluated.
62-CV-18-8165
Filed in District Court
State of Minnesota
12/18/2018 4:48 PM
STATEMENT OF FACTS
1. The Petitioner was seized without a reasonable articulable suspicion of criminal activity.
2. The above information has been provided with the requirements of Minnesota Statute and
without waiving the Petitioner’s privilege against self-incrimination under the United
States and Minnesota Constitutions.
DEMAND FOR DISCOVERY
1. Petitioner hereby demands all discovery as provided by Minn. Stat. §169A.53, subd. 2,
together with copies of narrative reports, booking sheets and any and all documents and
audio and/or videotape and photographs in any way associated with the revocation, plate
impoundment and/or forfeiture referenced herein. Petitioner further demands the identity
of any law enforcement officer and/or jail deputy that had anything whatsoever to do with
Petitioner’s stop, arrest, detainment, chemical test, or lack thereof and/or questioning or
other testing of Petitioner, including any officer, deputy or any other person bearing witness
or having any knowledge whatsoever as to any such events.
DEMAND FOR JUDGE
1. Petitioner hereby demands that a judge preside over all issues submitted herein.
REQUEST FOR RELIEF
1. Petitioner moves the Court for an Order rescinding revocation of his driving privileges
and for such further relief as the court deems fair, just and equitable.
LAW OFFICES OF STEVEN COON
Dated: December 18, 2018 /s/Steven R. Coon_____________
Steven R. Coon (#318851)
Attorney for Petitioner
222 South 9th Street, Suite 1600
Minneapolis, MN 55402
Telephone: (612) 337-9570
2
62-CV-18-8165
Filed in District Court
State of Minnesota
12/18/2018 4:48 PM
ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Steven R. Coon, the attorney for the Petitioner in the above-captioned matter, and Joseph Haney-
Lee, Petitioner herein, hereby acknowledge that pursuant to Minn. Stat. § 549.211, costs, disbursements,
witness fees and reasonable attorneys’ fees may be awarded to Respondent in the event Petitioner is found
to be acting in bad faith and/or asserting a frivolous claim.
/s/Steven R. Coon______________
Steven R. Coon (ID #318851)
3
Document Filed Date
December 18, 2018
Case Filing Date
December 18, 2018
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62-CV-18-8165 Filed in District Court State of Minnesota 12/18/2018 4:48 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Case Type: Implied Consent ____________________________________________________________________________________ Joseph Roger Haney-Lee, Court File No.: ________________ Petitioner, and PETITION FOR JUDICIAL REVIEW Commissioner of Public Safety, Respondent. ____________________________________________________________________________________ TO: THE COMMISSIONER OF PUBLIC SAFETY, THE RESPONDENT NAMED ABOVE, BY AND THROUGH HIS/HER ATTORNEY, AT BREMER TOWER, SUITE 1800, 445 MINNESOTA STREET, ST. PAUL, MN 55101. PLEASE TAKE NOTICE that the above-named Petitioner, by and through his attorney, Steven R. Coon, of the Law Offices of Steven Coon, 222 South 9th Street, Minneapolis, Minnesota 55402, requests a hearing and petitions the Court pursuant to Minn. Stat. §169A.53, subd. 2, for rescission of the Order of Revocation issued on or about December 9, 2018, arising out of the following incident: Name: Josepg Roger Haney-Lee Driver License Number: B282035180012 State of Issue: MN Date of Birth: 11/12/1976 Place: Ramsey County Law Enforcement Agency: White Bear Lake Police Dept. Date of Incident: 12/09/2018 Case No.: 18024830 Petitioner seeks rescission of the revocation on the following basis: 1. The peace officer did not have probable cause to believe the Petitioner was driving, operating, or in physical control of a motor vehicle while under the influence of alcohol in violation of Minn. Stat. § 169A.20. 2. The peace officer did not lawfully arrest the Petitioner for a violation of Minn. Stat. §169A.20. 3. The result of chemical breath test is invalid, unreliable and/or improperly evaluated. 62-CV-18-8165 Filed in District Court State of Minnesota 12/18/2018 4:48 PM STATEMENT OF FACTS 1. The Petitioner was seized without a reasonable articulable suspicion of criminal activity. 2. The above information has been provided with the requirements of Minnesota Statute and without waiving the Petitioner’s privilege against self-incrimination under the United States and Minnesota Constitutions. DEMAND FOR DISCOVERY 1. Petitioner hereby demands all discovery as provided by Minn. Stat. §169A.53, subd. 2, together with copies of narrative reports, booking sheets and any and all documents and audio and/or videotape and photographs in any way associated with the revocation, plate impoundment and/or forfeiture referenced herein. Petitioner further demands the identity of any law enforcement officer and/or jail deputy that had anything whatsoever to do with Petitioner’s stop, arrest, detainment, chemical test, or lack thereof and/or questioning or other testing of Petitioner, including any officer, deputy or any other person bearing witness or having any knowledge whatsoever as to any such events. DEMAND FOR JUDGE 1. Petitioner hereby demands that a judge preside over all issues submitted herein. REQUEST FOR RELIEF 1. Petitioner moves the Court for an Order rescinding revocation of his driving privileges and for such further relief as the court deems fair, just and equitable. LAW OFFICES OF STEVEN COON Dated: December 18, 2018 /s/Steven R. Coon_____________ Steven R. Coon (#318851) Attorney for Petitioner 222 South 9th Street, Suite 1600 Minneapolis, MN 55402 Telephone: (612) 337-9570 2 62-CV-18-8165 Filed in District Court State of Minnesota 12/18/2018 4:48 PM ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Steven R. Coon, the attorney for the Petitioner in the above-captioned matter, and Joseph Haney- Lee, Petitioner herein, hereby acknowledge that pursuant to Minn. Stat. § 549.211, costs, disbursements, witness fees and reasonable attorneys’ fees may be awarded to Respondent in the event Petitioner is found to be acting in bad faith and/or asserting a frivolous claim. /s/Steven R. Coon______________ Steven R. Coon (ID #318851) 3