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§ 84.91
<br />
<br />DEPARTMENT OF NATURAL RESOURCES
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<br />snowmobile or all-terrain vehicle being operated by or in the physical control of the person
<br />arrested if the officer acts in good faith and exercises due care.
<br />
<br />Laws 1987, c. 365, .4 3, elf. Aug. 1, 1987.
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<br />84.911. Chemical testing
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<br /> Subdivision 1. Mandatory chemical testing. A person who operates or is in physical
<br />control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any
<br />boundary water of this state is required, subject to the provisions of this section, to take
<br />or submit to a test of the person's blood, breath, or urine for the purpose of determining
<br />thc presence and amount of alcohol or a controlled substance. The test shall be adminis-
<br />tered at the direction of an officer authorized to make arrests under section 84.91,
<br />subdivision 2. Taking or submitting to the test is mandatory when requested by an officer
<br />who'has probable cause to believe the person was operating or in physical control of a
<br />snowmobile or all-terrain vehicle in violation of section 84.91, subdivision i, paragraph (al,
<br />and one of the following conditions exists:
<br />
<br /> (1) the person has been lawfully placed under arrest for violating section 84.91,
<br />subdivision 1, paragraph (al;
<br />
<br /> (2) the person has been involved while operating a snowmobile or all-terrain vehicle in
<br />an accident resulting in property damage, personal injurs', or death;
<br />
<br /> (3) the person has refused to take the preliminary, screening test provided for in section
<br />84.91, subdivision 3; or
<br /> (4) the screening test was administered and recorded an alcohol concentration of 0.10 or
<br />more.
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<br /> Subd. 2. Pena]ties: refusal; revocation of snowmobile or ali-terrain vehicle oper-
<br />ating privilege. (al If a person refuses to take a test required under subdivision 1, none
<br />must be given, but, the officer authorized to make arrests under section 84.91, subdivision
<br />2, shall repoffc the refusal to the commissioner of natural resources and to the authority
<br />having responsibility for prosecution of misdemeanor offenses for the jurisdiction in
<br />which the incident occurred that gave rise to the test demand and refusal.
<br />
<br /> On certification by the officer that probable cause existed to believe the person had
<br />been operating or in physical control of a snowmobile or all-terrain vehicle while under the
<br />influence of a]cohol or a controlled substance, and that the person refused to submit to
<br />testing, the commissioner shall impose a civil penalty of $500 and shall prohibit the person
<br />from operating a snowmobile or all-terrain vehicle, whichever was invo)ved in the
<br />violation, for a period of one year.
<br />
<br /> On behalf of the commissioner, an officer requiring a test or directing the administra-
<br />tion of a test shall serve on a person who refused to permit a test immediate notice of
<br />intention to prohibit the operation of a snowmobile or all-terrain vehicle, and to impose the
<br />civil penalty set forth in this subdivision. If the officer fails to serve a notice of intent ~
<br />suspend operating privileges, the commissioner may notify the person by mail, and the
<br />notice is deemed received three days after mailing. The notice must advise the person of
<br />the right to obtain administrative and judicial review as provided in this section. The
<br />prohibition imposed by the commissioner takes effect ten days after receipt of the notice.
<br />The civil penalty is imposed on receipt of the notice and must be paid within 30 days of
<br />imposition.
<br />
<br /> (bi A person who operates a snowmobile or all-terrain vehicle during the period the
<br />person is prohibited from operating the vehicle as provided under paragraph (al is guilty
<br />of a misdemeanor.
<br />
<br /> Subd. 3. Rights and obligations. At the time a test is requested, the person must'be
<br />informed:
<br />
<br /> (1) that Minnesota law requires a person to take a test to determine if the person is
<br />under the influence of alcohol or a controlled substance;
<br /> 38
<br />
<br /> DEPARTMENT OF NATURAl
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<br /> (2) that if the person refuses ~
<br /> $500 and is prohibited for a one-
<br /> vehicle, as provided under subdi
<br />
<br /> (3) that if testing is refused it
<br /> (4) that if the test is taken
<br /> influence of alcohol or a contr~
<br /> penalties and in addition to an
<br /> operating privileges will be sus
<br /> (5) that, after submitting to t(
<br /> made by someone of the person'
<br />
<br /> (6) that a refusal to take a test
<br /> Subd. 4. Requirement of ~
<br />probable cause to believe there is
<br />to testing by a breath test, a bloc
<br />has been administered.
<br /> Subd. 5. Chemical tests. Cbc
<br />by section 361.121, subdivisions ~
<br /> Subd. 6. Judicial and admin
<br />tire review of sanctions impose
<br />subdivisions 2a, 2b, and 2c. Payn
<br />this section is governed by sectio
<br />
<br />Laws 1987, c. 368, ~ 4, eff. Aug. 1, 3
<br />
<br /> AL~
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<br /> 84.92. Definitions
<br /> Subdivision 1~ Scope. The dl
<br /> 84.9291.
<br /> Subd. la. Agricultural zone.
<br /> south and west of a line starting
<br /> rights-of-way of trunk highway ~
<br /> trunk highway No. 23, thence easl
<br /> 95, thence easterly along trunk h:
<br /> consin border.
<br /> Subd. lb. Accompanied. "Ac~
<br /> or control.
<br /> Subd. lc. Agricultural purp~
<br /> an agricultural use as defined in ,
<br />
<br /> Subd. Id. Agricultural use. '
<br />activities or harvesting of wood
<br /> Subd. Ie. City. "City" means
<br /> Subd. 2. Commissioner. "Coy
<br />sources.
<br />
<br /> Subd. 3. Dealer. "Dealer" me~
<br />rain vehicles at wholesale or retal
<br /> Subd. 4. Manufacturer. "Man
<br />manufacturing aB-terrain vehicles
<br /> Subd. 5. Owner. "Owner" m,
<br />interest, having a property intere~
<br />use and possession of the vehicle.
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