STATE v. LARIVEE

No. C2-01-1942.

644 N.W.2d 100 (2002)

STATE of Minnesota, Plaintiff, v. Michael LARIVEE, Defendant.

Court of Appeals of Minnesota.

Review Granted June 26, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Todd P. Zettler, Scott Joint Prosecution, Shakopee, for plaintiff.

Jeffrey S. Sheridan, Strandemo & Sheridan, Eagan, for defendant.

Considered and decided by WILLIS, Presiding Judge, SHUMAKER, Judge, and PARKER, Judge.


OPINION

GORDON W. SHUMAKER, Judge.

The state charged Michael Larivee with the driving offenses of refusing to submit to alcohol testing and driving under the influence of alcohol—child endangerment.

After his arrest, Larivee refused to take an alcohol test requested by law enforcement authorities, but instead asked to be tested independently. The authorities treated Larivee's request as a test refusal.

Larivee moved to dismiss the...

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