STATE OF DEPARTMENT OF HIGHWAYS v. Lee

Per Curiam. The state appeals from a district court order which held that Louis Lee had reasonable grounds to refuse to submit to a chemical alcohol test under the implied-consent statute. Minn. St. 1969, § 169.123. Mr. Lee’s reason for his refusal is that he was confused when the arresting patrolman explained both the Miranda warnings and the rights and responsibilities of the implied-consent law. We affirm. The facts and legal issue of this case are in all material respects identical with State, Department of Highways, v. Beckey, 291 Minn. 483 , 192 N. W. 2d 441 (1971). We find that the district court’s order was not so clearly erroneous as to compel reversal. Affirmed. Mr. Justice Todd, not having been a member of this court at the time of the submission, took no part in the consideration or decision of this case.