STILES v. COMMISSIONER OF PUBLIC SAFETY

No. C5-84-1749.

369 N.W.2d 347 (1985)

Charles Thomas STILES, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

June 18, 1985.


Attorney(s) appearing for the Case

Alan R. Nettles, Carrie L. Hess, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Joel Watne, Donald J. Paquette, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Heard, considered, and decided by RANDALL, P.J., and SEDGWICK and HUSPENI, JJ.


OPINION

HUSPENI, Judge.

Appellant Charles Thomas Stiles appeals the trial court's sustaining of revocation of Stiles' driver's license after he refused to submit to testing pursuant to Minn.Stat. § 169.123 (Supp.1983). On appeal, Stiles argues: (1) lack of probable cause to invoke the Implied Consent Statute; (2) denial of his limited right to counsel; and (3) denial of due process. We reverse.

FACTS

On June 2, 1984 Stiles, while riding...

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