DUNCAN v. COMMISSIONER OF PUBLIC SAFETY

No. A03-1414.

683 N.W.2d 852 (2004)

Ryan Lee DUNCAN, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

July 27, 2004.


Attorney(s) appearing for the Case

Mark D. Kelly, St. Paul, MN, for appellant.

Mike Hatch, Attorney General, Kyle R. Gustafson, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by SHUMAKER, Presiding Judge; PETERSON, Judge; and STONEBURNER, Judge.


OPINION

PETERSON, Judge.

In this appeal from an order sustaining the revocation of his driver's license under the implied-consent law, appellant argues that the district court erred as a matter of law when it concluded that the police officer who saw appellant drive on the right shoulder of a roadway to pass vehicles on the right had a lawful basis for stopping appellant. Because we conclude that driving on the shoulder of a roadway to pass a vehicle on...

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