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STATE, DEPARTMENT OF PUBLIC SAFETY v. WANGENSTEEN

No. 44615.

221 N.W.2d 567 (1974)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Theodore Paul WANGENSTEEN, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 20, 1974.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas G. Lockhart, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Theodore Wangensteen, Jr., Wayzata, Robins, Meshbesher, Singer & Spence, Minneapolis, and John J. Scanlan, St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal from an order of the Hennepin County Municipal Court which rescinded an order of the commissioner of public safety revoking defendant's driver's license for refusal to permit chemical testing under Minn.St. 169.123. The municipal court held that the failure of the police who arrested defendant for driving while under the influence to offer him both the alternative breath and urine tests mentioned in § 169.123 where both were available...

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