STATE v. MYERS

No. A05-1604.

711 N.W.2d 113 (2006)

STATE of Minnesota, Appellant, v. Alan J. MYERS, Respondent.

Court of Appeals of Minnesota.

March 14, 2006.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Raymond F. Schmitz, Olmsted County Attorney, David F. McLeod, Assistant County Attorney, Rochester, MN, for appellant.

Douglas V. Hazelton, Hazelton Law Offices, Minneapolis, MN, for respondent.

Considered and decided by RANDALL, Presiding Judge; PETERSON, Judge; and HUSPENI, Judge.


OPINION

PETERSON, Judge.

In this appeal from a pretrial order dismissing a charge of refusal to submit to a chemical test, the state argues that the district court erred in concluding that because the implied-consent advisory administered to respondent did not inform respondent that test refusal is a gross misdemeanor that may result in harsher penalties than test failure, the advisory violated respondent's due-process rights. We reverse and remand.

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