STATE OF DEPARTMENT OF HIGHWAYS v. LEE

No. 43012.

194 N.W.2d 766 (1972)

STATE of Minnesota, DEPARTMENT OF HIGHWAYS, Appellant, v. Louis LEE, Respondent.

Supreme Court of Minnesota.

February 4, 1972.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., Thomas G. Lockhart, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Roger R. Lenzmeier, St. Paul, for respondent.

Heard before KNUTSON, C. J., and MURPHY, KELLY, and HACHEY, JJ.


OPINION

PER CURIAM.

The state appeals from a district court order which held that Louis Lee had reasonable grounds to refuse to submit to a chemical alcohol test under the implied-consent statute. Minn.St.1969, § 169.123. Mr. Lee's reason for his refusal is that he was confused when the arresting patrolman explained both the Miranda warnings and the rights and responsibilities of the implied-consent law. We affirm.

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