Legal Opinion

Dufrane v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided August 28, 1984No. C2-84-140PublishedCited by 20 opinions

1Opinion of the Court

OPINION

RANDALL, Judge.

Robert Dufrane appeals the revocation of his driver’s license pursuant to Minn. Stat. § 169.123 (1982) for being in physical control of a motor vehicle while under the influence of alcohol. Appellant contends that he was not in physical control of a vehicle when he was found in the front seat of a parked ear with the ignition key not accessible to him. We affirm.

FACTS

At about four a.m. one day in October, 1983, appellant was found awake and sitting behind the wheel of a parked automobile. Upon questioning, appellant told police officers that the ear belonged to his wife…

2Cases cited5 opinions

  1. State, Department of Public Safety v. JuncewskiSupreme Court of Minnesota · 1981
  2. Northern States Power Co. v. Lyon Food Products, Inc.Supreme Court of Minnesota · 1975
  3. State v. GhylinNorth Dakota Supreme Court · 1977
  4. State, City of Falcon Heights v. PazderskiCourt of Appeals of Minnesota · 1984
  5. Preferred Risk Mutual Insurance Co. v. AndersonSupreme Court of Minnesota · 1967

3Cited by20 opinions

  1. Kozak v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1984
  2. City of Fargo v. TheuschNorth Dakota Supreme Court · 1990
  3. Martin v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1984
  4. Llona v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986
  5. Paulson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986

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