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JONES v. COMMISSIONER OF PUBLIC SAFETY

No. C4-02-1936.

660 N.W.2d 472 (2003)

Jason Thomas JONES, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

May 13, 2003.

Attorney(s) appearing for the Case

Derek A. Patrin, Gerald Miller & Associates, P.A., Minneapolis, MN, for appellant.

Mike Hatch, Attorney General, Darren Dejong, Assistant Attorney General, Saint Paul, MN, for respondent.

Considered and decided by WRIGHT, Presiding Judge, RANDALL, Judge, and SHUMAKER, Judge.

OPINION

RANDALL, Judge.

Appellant challenges the district court's order sustaining the revocation of his driver's license arguing that his right to counsel was not vindicated because the dispatcher did not verify that appellant was out of time to contact an attorney when an attorney tried to reach him. Rather, the dispatcher prevented appellant from speaking to his attorney before deciding whether to submit to an alcohol-concentration

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