STATE, DEPT. OF PUBLIC SAFETY v. PRESLER

No. 45781.

246 N.W.2d 570 (1976)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Wilfred Oscar PRESLER, Respondent.

Supreme Court of Minnesota.

October 8, 1976.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas K. Overton, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Robins, Meshbesher, Singer & Spence, Kenneth Meshbesher, and John P. Clifford, Minneapolis, for respondent.

Considered and decided by the court without oral argument.


SCOTT, Justice.

This is an appeal by the state from a judgment notwithstanding the verdict in a driver's license revocation proceeding under the implied-consent law. The issues at the jury trial de novo in district court were whether the respondent had refused to submit to the chemical testing and, if so, whether the refusal was reasonable. The jury, by special verdict, found that respondent had refused a breathalyzer test and a blood test and that the refusal was...

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