ST. PAUL — The Minnesota Supreme Court affirmed an appellate court ruling that said a Mower County man charged with DWI did not have his limited right to counsel violated when a deputy did not read him an implied-consent advisory at the time of his arrest.

Scott Ross Hunn was arrested on Feb. 21, 2016, after a Mower County deputy stopped him for failing to stop at a stop sign.

Hunn submitted to a urine test, which came back with a 0.04 alcohol concentration and tested positive for the presence of methamphetamine and amphetamine. Hunn was then charged with second-degree DWI.

The Mower County District Court, however, dismissed the results of the test at the request of Hunn’s lawyer because he argued the deputy did not read Hunn the implied-consent advisory, which includes his limited right to counsel prior to submitting to a chemical test. He cited the case of Friedman vs. Commissioner of Public Safety, in which it was determined there was “the right, upon request, to a reasonable opportunity to obtain legal advice before deciding whether to submit to chemical testing,” as legal precedent. The urine test results were suppressed.

But the Supreme Court on May 16 agreed with an earlier decision by the Court of Appeals, which reversed the district court decision. The appeals court noted that “because the advisory was not read, there was no violation of the limited right to counsel that we recognized in Friedman v. Commissioner of Public Safety. “

And since Friedman applies only to implied-consent cases, the Supreme Court affirmed the Court of Appeals ruling.

“Having concluded that the limited right to counsel that we recognized in Friedman does not apply here, we do not reach any other issues,” they said.