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STATE v. LOGE

No. C9-98-842.

608 N.W.2d 152 (2000)

STATE of Minnesota, Respondent, v. Steven Mark LOGE, Appellant.

Supreme Court of Minnesota.

March 2, 2000.

Attorney(s) appearing for the Case

John M. Stuart, MN State Public Defender, Scott G. Swanson, Assistant State Public Defender, Minneapolis, for appellant.

Michael A. Hatch, MN Attorney General, James B. Early, Assistant Attorney General, St. Paul, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

This case presents the question of whether knowledge is an element of the crime under the open bottle law when the driver is the sole occupant of a motor vehicle. Appellant Steven Mark Loge was cited on September 2, 1997, for a violation of Minn.Stat. § 169.122, subd. 3 (1998), which makes it unlawful for the driver of a motor vehicle, when the owner is not present, "to keep or allow to be kept in a motor vehicle when such vehicle...

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