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GROE v. COMMISSIONER OF PUBLIC SAFETY

No. C4-99-1665.

615 N.W.2d 837 (2000)

Kirt Fitzgerald GROE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

Richard Lee Swanson, Chaska, MN (for appellant).

Mike Hatch, Attorney General, Jeffrey S. Bilcik, Assistant Attorney General, Jeffrey F. Lebowski, Special Assistant, St. Paul, MN (for respondent).

Considered and decided by CRIPPEN, Presiding Judge, AMUNDSON, Judge, and G. BARRY ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellant's driver's license was revoked pursuant to Minn.Stat. § 169.123, subd. 4(e) (1998) and the district court sustained the revocation. Appellant challenges the district court's decision, arguing that the police did not have probable cause to believe he was driving under the influence of alcohol, and that his right to counsel was not vindicated. Because (1) the police had probable cause to invoke the implied consent...

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