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ABLE v. COMMISSIONER OF PUBLIC SAFETY

No. C9-84-572.

352 N.W.2d 518 (1984)

John Tevens ABLE, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

August 7, 1984.

Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, Frances B. Moore, Asst. Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

PARKER, Judge.

Appellant John T. Able challenges the revocation of his driving privileges under Minn.Stat. § 169.123 (Supp.1983), the implied consent statute. Appellant was arrested for D.W.I. and subsequently refused to submit to chemical testing. On appeal he contends his arrest was illegal. We remand.

FACTS

Around midnight on January 9, 1984, Colleen Bonneville, a clerk at a 7-Eleven Store, observed appellant eating one...

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