(dissenting).
I respectfully dissent. The district court found: (1) the officer made a telephone and telephone books available to Duff at 3:06 a.m.; (2) Duff contacted an attorney; and (3) at 3:45 a.m. the officer indicated Duff would have to make a decision about testing. It is undisputed the officer was not in the room and did not know who Duff telephoned, or the length or content of the conversation. Further, the district court found that Duff did not inform the officer that he needed additional time to consult with an attorney and the attorney did not call back and indicate additional consultation time was needed.
The supreme court has stated:
The right to counsel will be considered vindicated if the person is provided with a telephone prior to testing and given a reasonable time to contact and talk with counsel. If counsel cannot be contacted within a reasonable time, the person may be required to make a decision regarding testing in the absence of counsel.
Friedman v. Comm, of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (citation omitted). Applying Friedman to these facts, the district court did not err in concluding the police officer vindicated Duffs limited right to counsel.