MILLER v. COM'R OF PUBLIC SAFETY

No. C0-83-2039.

354 N.W.2d 573 (1984)

Paul Marlow MILLER, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

September 18, 1984.


Attorney(s) appearing for the Case

Stephen R. O'Brien, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., Linda F. Close, Jeffrey S. Bilcik, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and FOLEY and WOZNIAK, JJ., with oral argument waived.


OPINION

POPOVICH, Chief Judge.

Appellant Paul M. Miller seeks review of an order sustaining the revocation of his driving privileges under the implied consent statute, Minn.Stat. § 169.123 (1982). Appellant claims a valid arrest is a prerequisite to the administration of a valid preliminary breath test and that his arrest was illegal. We affirm.

FACTS

Officer Brent Moody of the Apple Valley Police Department observed appellant operate...

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