Stiles v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Appellant Charles Thomas Stiles appeals the trial court’s sustaining of revocation of Stiles’ driver’s license after he refused to submit to testing pursuant to Minn.Stat. § 169.123 (Supp.1983). On appeal, Stiles argues: (1) lack of probable cause to invoke the Implied Consent Statute; (2) denial of his limited right to counsel; and (3) denial of due process. We reverse.

FACTS

On June 2, 1984 Stiles, while riding a motorcycle, grazed a raised curb on a highway entrance ramp, hit the curb again, and flipped over into a gully. He asserts he lost control of the motorcycle…