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FEDZIUK v. COMMISSIONER OF PUBLIC SAFETY

No. A04-2328.

696 N.W.2d 340 (2005)

Patricia Agnes FEDZIUK, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

May 19, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Jeffery Lebowski, Sean McCarthy, Assistant Attorney General, St. Paul, MN, for Appellant.

Jeffery S. Sheridan, Strandemo, Sheridan & Dulas, Eagan, MN, Respondent.

Stephen Simon, Attorney at Law, University of Minnesota, Minneapolis, MN, for Amicus Curiae Criminal Justice System DWI Task Force.

Heard, considered, and decided by the court en banc.

OPINION

HANSON, J.

In this declaratory judgment action, respondent Patricia Fedziuk asked the district court to hold that Minnesota's Implied Consent Law, as amended in 2003, violates procedural due process. The district court determined that the Implied Consent Law's prehearing revocation procedures violate due process. Because of the statewide impact of its decision, the court stayed its order and certified two questions as "important and doubtful":

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