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DUFF v. COMMISSIONER OF PUBLIC SAFETY

No. C3-96-1786.

560 N.W.2d 735 (1997)

Michael Roy DUFF, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

March 18, 1997.

Attorney(s) appearing for the Case

Jeffrey B. Ring, Jeffrey B. Ring & Associates, Minneapolis, for Appellant.

Hubert H. Humphrey, III, Attorney General, Joel A. Watne, Clarissa Marie Klug, Assistant Attorneys General, St. Paul, for Respondent.

Considered and decided by NORTON, P.J., and KALITOWSKI and DAVIES, JJ.

OPINION

NORTON, Judge.

Michael Roy Duff appeals from a district court order sustaining the revocation of his driving privileges under the implied consent statute. Duff's limited right to consult with counsel prior to deciding whether to submit to chemical testing for alcohol concentration was not vindicated because he was not allowed a reasonable time to meaningfully consult with his attorney. We reverse.

FACTS

On April 14, 1996, at approximately...

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