Linde v. Commissioner of Public Safety

OPINION

DAVIES, Judge

Appellant contests a district court order sustaining revocation of his driving privileges under the implied consent statute. Appellant argues that his limited right to counsel was not vindicated, that he did not refuse testing, and that, if refusal occurred, it was reasonable. We affirm.

FACTS

At approximately midnight on August 10, 1997, Deputy Charles Malepsy arrested appellant Gene David Linde for driving while intoxicated. At the Freeborn County Law Enforcement Center, Deputy Malepsy read the implied consent advisory to appellant. The advisory explains that (1) a driver…