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STATE, DEPT. OF PUBLIC SAFETY v. RICE

No. 81-1391.

323 N.W.2d 74 (1982)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Petitioner, Appellant, v. Michael L. RICE, Respondent.

Supreme Court of Minnesota.

August 20, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Gary Hansen and James B. Early, Sp. Asst. Attys. Gen., St. Paul, for appellant.

William R. Kennedy, Hennepin County Public Defender, and Patrick J. Sullivan, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This is a driver's license revocation proceeding under Minn.Stat. § 169.123 (1978). The underlying issue is whether the arrest of defendant under Minn.Stat. § 169.121 (1978) was lawful. If it was, then the arresting officer was justified in giving an implied consent warning to defendant and the revocation of his license based on the results of the blood alcohol test was proper. An appeal panel...

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