Legal Opinion

Duff v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided March 18, 1997No. C3-96-1786PublishedCited by 3 opinions

1Opinion of the Court

OPINION

NORTON, Judge.

Michael Roy Duff appeals from a district court order sustaining the revocation of his driving privileges under the implied consent statute. Duffs limited right to consult with counsel prior to deciding whether to submit to chemical testing for alcohol concentration was not vindicated because he was not allowed a reasonable time to meaningfully consult with his attorney. We reverse.

FACTS

On April 14, 1996, at approximately 2:45 a.m., Oak Park Heights Police Officer Kenneth Anderson arrested appellant Michael Roy Duff for driving under the influence of alcohol. After Officer…

2Cases cited7 opinions

  1. Friedman v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
  2. Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
  3. Davis v. Commissioner of Public SafetySupreme Court of Minnesota · 1994
  4. Kuhn v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1992
  5. Davis v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1994

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3Cited by3 opinions

  1. Kristin Marie Poeschel v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2015
  2. Damon Dewitt Tackett v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2015
  3. Duff v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1997

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