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IVES v. COMMISSIONER OF PUBLIC SAFETY

No. C4-85-196.

375 N.W.2d 565 (1985)

Steven G. IVES, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 29, 1985.

Attorney(s) appearing for the Case

Thomas G. Harrigan, Sigal & Miller, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and WOZNIAK, SEDGWICK, LANSING, HUSPENI, FORSBERG and NIERENGARTEN, JJ.

OPINION

POPOVICH, Chief Judge.

Appellant appeals the revocation of his driver's license. He claims (1) he was denied the right to consult with an attorney before deciding to submit to testing, (2) the trial court's failure to file its order sustaining revocation within 14 days requires rescission of the revocation, and (3) a passenger who pushes a car's accelerator does not have physical control of the car within the meaning of the implied consent statutes...

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