McNaughton v. Commissioner of Public Safety

OPINION

KLAPHAKE, Judge.

Patrick Joseph McNaughton appeals from a district court order sustaining the revocation of his driving privileges under the implied consent statute. Minn.Stat. § 169.123 (1994). He argues that his right to counsel was not vindicated and that his continued request to speak with an attorney did not constitute a refusal to submit to alcohol concentration testing. We reverse.

FACTS

At approximately 1:00 a.m. on August 19, 1994, Albert Lea Police Officer Ben Morten-son stopped a speeding vehicle driven by appellant Patrick McNaughton. Officer Mortenson determined McNaughton…