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62-CV-24-437
Filed in District Court
State of Minnesota
1/23/2024 3:52 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
Samuel Aaron Johnston,
Petitioner, IMPLIED CONSENT PETITION
vs.
COMMISSIONER OF PUBLIC SAFETY, Court File No. _________________
Respondent.
PETITION
PLEASE TAKE NOTICE that Petitioner, above-named, through the undersigned attorney,
requests a hearing and petitions the Court, pursuant to Minn. Stat. §§169A.53, subd. 2 and
169A.53, subd. 3(a)(b) (2017), for rescission of the Order of revocation of Petitioner’s driver’s
license and license plates:
Full name of Petitioner Johnston, Samuel Aaron
Driver’s License Number X054250535709
State of Issue Minnesota
License Plates JPC-414
Date of Birth 01/06/2001
Date of Offense 01/16/2024
Jurisdiction New Brighton P.D.
GROUNDS FOR RELIEF
1. The peace officer who arrested Petitioner did not have reasonable and probable grounds to
believe Petitioner violated Minn. Stat. §169A.20 et. seq.
2. Petitioner was unlawfully placed under arrest for violation of Minn. Stat. §169A.20 based
upon insufficient cause for either the stop or the arrest of Petitioner.
3. Petitioner did not drive, operate or physically control a motor vehicle at any time relevant
herein.
62-CV-24-437
Filed in District Court
State of Minnesota
1/23/2024 3:52 PM
4. The chemical testing method was invalid and unreliable, and the results were inaccurately
evaluated.
5. Petitioner’s right to a meaningful opportunity to obtain a chemical test or tests of
Petitioner’s own choosing, as set forth under Minn. Stat. §169A.51, subd. 7(b), was
prevented or denied by a peace officer.
6. The officer did not fully vindicate Petitioner’s right to consult with an attorney under
Minnesota Constitution Article I, Section 6 and Minn. Stat. §169A.51.
7. The officer unlawfully coerced the result of the test request by action or advice, and
consequently violated due process of law as set forth under McDonnell v. Commissioner
of Public Safety, 473 N.W.2d 848 (Minn. 1991).
8. The officer read an advisory which did not comport with the information mandated by
Minn. Stat. §169A.51, subd. 2.
9. The revocation was not based on a test result which was properly certified to the
Commissioner.
10. Petitioner reserves the right to amend this Petition prior to hearing or during the hearing to
raise additional grounds and/or allege additional facts not known at the time of filing.
LICENSE PLATES
Based upon the foregoing, Petitioner further claims that the taking of license plates in this
matter was in error and respectfully requests that the Court direct the Department of Public Safety
to reissue license plates nunc pro tunc.
DISCOVERY DISCLOSURE
Pursuant to Minn. Stat. §169A.53, subd. 2(d)(4), Petitioner may call the following
witnesses: Petitioner; all law enforcement involved with Petitioner’s stop, arrest, detention,
chemical test, or lack thereof, and/or questioning or other testing of Petitioner, including any other
person(s) having knowledge to such events.
Petitioner does not know the identity of these individuals at present and refers Respondent
to the officer(s) that requested the test and/or served the Notice of Revocation; Expert witnesses
who may be called: Thomas Burr to rebut the accuracy and reliability of the chemical test;
DISCOVERY DEMAND
Petitioner demands all discovery itemized in Minn. Stat. §169A.53, subd. 2(d) together
with copies of narrative reports, booking sheets, and all other documents, audio and/or video tapes
62-CV-24-437
Filed in District Court
State of Minnesota
1/23/2024 3:52 PM
and photographs in any way associated with the revocation, plate impoundment, and/or forfeiture
referenced herein.
Petitioner demands the identity of all law enforcement involved with Petitioner’s stop,
arrest, detention, chemical test (or lack thereof), and/or questioning or other testing of Petitioner,
including any other person having knowledge to such events.
Petitioner demands the presence and testimony of the person who obtained the sample of
Petitioner’s blood or urine for chemical testing, the person who analyzed the same, and the person
who attested to the results in the report and/or prepared the report, at no expense to Petitioner.
Respectfully submitted,
Dated: January 23, 2024 /s/ Seamus R. Mahoney
Seamus R. Mahoney
Atty. Reg. No. 0289711
420 Summit Ave.
Saint Paul, MN 55104
(651) 398-8691
seamus@seamusmahoneylaw.com
Attorney for Petitioner
62-CV-24-437
Filed in District Court
State of Minnesota
1/23/2024 3:52 PM
ACKNOWLEDGMENT
Petitioner, by and through the undersigned, acknowledges that sanctions
may be imposed pursuant to the provisions of Minn. Stat. § 549.211.
Dated: January 23, 2024 /s/ Seamus R. Mahoney
Seamus R. Mahoney
62-CV-24-437
Filed in District Court
State of Minnesota
1/23/2024 3:52 PM
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62-CV-24-437 Filed in District Court State of Minnesota 1/23/2024 3:52 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT Samuel Aaron Johnston, Petitioner, IMPLIED CONSENT PETITION vs. COMMISSIONER OF PUBLIC SAFETY, Court File No. _________________ Respondent. PETITION PLEASE TAKE NOTICE that Petitioner, above-named, through the undersigned attorney, requests a hearing and petitions the Court, pursuant to Minn. Stat. §§169A.53, subd. 2 and 169A.53, subd. 3(a)(b) (2017), for rescission of the Order of revocation of Petitioner’s driver’s license and license plates: Full name of Petitioner Johnston, Samuel Aaron Driver’s License Number X054250535709 State of Issue Minnesota License Plates JPC-414 Date of Birth 01/06/2001 Date of Offense 01/16/2024 Jurisdiction New Brighton P.D. GROUNDS FOR RELIEF 1. The peace officer who arrested Petitioner did not have reasonable and probable grounds to believe Petitioner violated Minn. Stat. §169A.20 et. seq. 2. Petitioner was unlawfully placed under arrest for violation of Minn. Stat. §169A.20 based upon insufficient cause for either the stop or the arrest of Petitioner. 3. Petitioner did not drive, operate or physically control a motor vehicle at any time relevant herein. 62-CV-24-437 Filed in District Court State of Minnesota 1/23/2024 3:52 PM 4. The chemical testing method was invalid and unreliable, and the results were inaccurately evaluated. 5. Petitioner’s right to a meaningful opportunity to obtain a chemical test or tests of Petitioner’s own choosing, as set forth under Minn. Stat. §169A.51, subd. 7(b), was prevented or denied by a peace officer. 6. The officer did not fully vindicate Petitioner’s right to consult with an attorney under Minnesota Constitution Article I, Section 6 and Minn. Stat. §169A.51. 7. The officer unlawfully coerced the result of the test request by action or advice, and consequently violated due process of law as set forth under McDonnell v. Commissioner of Public Safety, 473 N.W.2d 848 (Minn. 1991). 8. The officer read an advisory which did not comport with the information mandated by Minn. Stat. §169A.51, subd. 2. 9. The revocation was not based on a test result which was properly certified to the Commissioner. 10. Petitioner reserves the right to amend this Petition prior to hearing or during the hearing to raise additional grounds and/or allege additional facts not known at the time of filing. LICENSE PLATES Based upon the foregoing, Petitioner further claims that the taking of license plates in this matter was in error and respectfully requests that the Court direct the Department of Public Safety to reissue license plates nunc pro tunc. DISCOVERY DISCLOSURE Pursuant to Minn. Stat. §169A.53, subd. 2(d)(4), Petitioner may call the following witnesses: Petitioner; all law enforcement involved with Petitioner’s stop, arrest, detention, chemical test, or lack thereof, and/or questioning or other testing of Petitioner, including any other person(s) having knowledge to such events. Petitioner does not know the identity of these individuals at present and refers Respondent to the officer(s) that requested the test and/or served the Notice of Revocation; Expert witnesses who may be called: Thomas Burr to rebut the accuracy and reliability of the chemical test; DISCOVERY DEMAND Petitioner demands all discovery itemized in Minn. Stat. §169A.53, subd. 2(d) together with copies of narrative reports, booking sheets, and all other documents, audio and/or video tapes 62-CV-24-437 Filed in District Court State of Minnesota 1/23/2024 3:52 PM and photographs in any way associated with the revocation, plate impoundment, and/or forfeiture referenced herein. Petitioner demands the identity of all law enforcement involved with Petitioner’s stop, arrest, detention, chemical test (or lack thereof), and/or questioning or other testing of Petitioner, including any other person having knowledge to such events. Petitioner demands the presence and testimony of the person who obtained the sample of Petitioner’s blood or urine for chemical testing, the person who analyzed the same, and the person who attested to the results in the report and/or prepared the report, at no expense to Petitioner. Respectfully submitted, Dated: January 23, 2024 /s/ Seamus R. Mahoney Seamus R. Mahoney Atty. Reg. No. 0289711 420 Summit Ave. Saint Paul, MN 55104 (651) 398-8691 seamus@seamusmahoneylaw.com Attorney for Petitioner 62-CV-24-437 Filed in District Court State of Minnesota 1/23/2024 3:52 PM ACKNOWLEDGMENT Petitioner, by and through the undersigned, acknowledges that sanctions may be imposed pursuant to the provisions of Minn. Stat. § 549.211. Dated: January 23, 2024 /s/ Seamus R. Mahoney Seamus R. Mahoney 62-CV-24-437 Filed in District Court State of Minnesota 1/23/2024 3:52 PM