Duncan v. Commissioner of Public Safety

OPINION

PETERSON, Judge.

In this appeal from an order sustaining the revocation of his driver’s license under the implied-consent law, appellant argues that the district court erred as a matter of law when it concluded that the police officer who saw appellant drive on the right shoulder of a roadway to pass vehicles on the right had a lawful basis for stopping appellant. Because we conclude that driving on the shoulder of a roadway to pass a vehicle on the right violates Minn.Stat. § 169.18, subd. 4(4) (2002), and, therefore, that the officer’s observations provided an adequate basis for…