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McINTEE v. STATE, DEPT. OF PUB. SAFETY

No. 49087.

279 N.W.2d 817 (1979)

Arthur James McINTEE, Petitioner, Appellant, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Respondent.

Supreme Court of Minnesota.

May 11, 1979.

Attorney(s) appearing for the Case

David K. Hackley, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., and Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Arthur James McIntee refused to submit to a preliminary screening test for blood alcohol content and also subsequent tests at a hospital. Thereafter, revocation proceedings were initiated to revoke his driver's license. Notice of the proposed revocation was sent by certified mail which was not picked up by McIntee. Notice of revocation was thereafter sent by regular mail which was received by McIntee. He then commenced proceedings to challenge the revocation...

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