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BUSCH v. COMMISSIONER OF PUBLIC SAFETY

No. C8-99-2124.

614 N.W.2d 256 (2000)

Randy Lee BUSCH, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

July 18, 2000.

Attorney(s) appearing for the Case

Brent S. Schafer, Gerald Miller and Associates, Minneapolis, for appellant.

Mike Hatch, Attorney General, Jeffrey F. Lebowski, Sheila M. Fitzgerald, Assistant Attorneys General, St. Paul, for respondent.

Considered and decided by SHUMAKER, Presiding Judge, HUSPENI, Judge, and PORITSKY, Judge.

OPINION

PORITSKY, Judge.**

Driver challenges the district court's decision sustaining the revocation of his driver's license under the implied consent law, arguing that his right to counsel was not vindicated. Because we agree with the district court that the driver's conduct subsequent to requesting an attorney constituted a retraction of his request and a refusal to test, we affirm.

FACTS

On July 9, 1999,...

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