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STATE v. TURCHICK

No. C7-88-1020.

436 N.W.2d 108 (1989)

STATE of Minnesota, Respondent, v. Charles TURCHICK, Appellant.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Robert Alfton, Minneapolis City Atty., Minneapolis, for respondent.

Charles Turchick, Minneapolis, pro se.

Considered and decided by WOZNIAK, C.J., and FOLEY and FORSBERG, JJ., without oral argument.

OPINION

WOZNIAK, Chief Judge.

We are called upon to decide whether the wearing of one headphone or earphone by a person while operating a motor vehicle violates Minn.Stat. § 169.471, subd. 2 (1988), an issue of first impression in Minnesota. The trial court found such conduct constituted a violation. We affirm.

FACTS

Appellant was driving a motor vehicle southbound on Interstate Highway 94 when he was stopped and ticketed for violating...

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