MELL v. COMMISSIONER OF PUBLIC SAFETY

No. A07-2372.

757 N.W.2d 702 (2008)

Scott Jeffery MELL, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

November 25, 2008.


Attorney(s) appearing for the Case

Chad P. Nelson, Chad P. Nelson Law Office, LLC, Lindstrom, MN, for appellant.

Lori Swanson, Attorney General, Jeffrey S. Bilcik, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by CONNOLLY, Presiding Judge; LANSING, Judge; and MINGE, Judge.


OPINION

MINGE, Judge.

Appellant challenges the decision sustaining his driver's license revocation under the implied-consent law, arguing that (1) there was not probable cause for his arrest for second-degree assault; (2) the arresting officer's invocation of the Minnesota implied-consent law was improper because it was based on an unauthorized preliminary breath test (PBT); and (3) his right to counsel was violated when he had only two minutes to use the...

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