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TYLER v. COM'R OF PUBLIC SAFETY

No. C6-84-447.

368 N.W.2d 275 (1985)

Tim A. TYLER, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Petitioner.

Supreme Court of Minnesota.

May 24, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, James B. Early, Asst. Attys. Gen., St. Paul, for petitioner.

Ronald O.W. Ylitalo, St. Paul, for respondent.

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

AMDAHL, Chief Justice.

This is a license revocation proceeding under Minn.Stat. § 169.123 (1983), the implied consent law. The driver, Tim A. Tyler, was involved in a serious head-on collision. Because Tyler was intoxicated and because it appeared that the driver of the other car might die, the investigating officer did not give Tyler an implied consent advisory before obtaining Tyler's consent to a blood test. That test showed that Tyler's blood alcohol concentration...

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