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NELSON v. COMMISSIONER OF PUBLIC SAFETY

No. A09-690.

779 N.W.2d 571 (2010)

Jeffrey Mark NELSON, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

March 23, 2010.

Attorney(s) appearing for the Case

David J. Risk, Allan H. Caplan & Associates, Minneapolis, MN, for appellant.

Lori Swanson, Attorney General, Mary R. McKinley, Assistant Attorney General, St. Paul, MN, for respondent.

Considered and decided by HUDSON, Presiding Judge; CONNOLLY, Judge; and JOHNSON, Judge.

OPINION

JOHNSON, Judge.

The commissioner of public safety revoked Jeffrey Mark Nelson's driver's license after he was charged with driving while impaired (DWI). After providing a blood sample that was drawn using an expired blood-test kit, Nelson was asked to provide a second blood sample. Nelson argues that a police officer violated his limited right to counsel by refusing to allow him to speak with an attorney again before deciding whether to provide a...

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