STATE v. NELSON

No. C4-91-1180.

479 N.W.2d 436 (1992)

STATE of Minnesota, Appellant, v. Berkely Barry NELSON, Respondent.

Court of Appeals of Minnesota.

January 21, 1992.


Attorney(s) appearing for the Case

Daniel W. Voss, Bloomington, for appellant.

Gerald C. McGee, Minneapolis, for respondent.

Considered at Special Term and decided by WOZNIAK, C.J., and RANDALL and CRIPPEN, JJ.


SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Respondent was stopped on June 30, 1990. He was read the Implied Consent Advisory, which informed him that "[i]f testing is refused, you may be subject to criminal penalties." Respondent agreed to take an intoxilyzer test. The test showed an alcohol concentration of .10 or more. He had no previous alcohol-related revocations or suspensions of his drivers license.

On May 15, 1991, respondent...

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