WINCHESTER v. COMMISSIONER OF PUBLIC SAFETY

No. 51317.

306 N.W.2d 899 (1981)

Robert W. WINCHESTER, petitioner, Respondent, v. The COMMISSIONER OF PUBLIC SAFETY for the State of Minnesota, Appellant.

Supreme Court of Minnesota, En Banc.

July 2, 1981.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and Bernard E. Johnson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

William G. Thornton, Minneapolis, for petitioner-respondent.

Considered and decided by the court en banc without oral argument.


WAHL, Justice.

On February 4, 1980, respondent was stopped while operating a motor vehicle in Minneapolis. Respondent's breath test showed a blood-alcohol content of 0.10 percent. He was arrested and charged with driving while under the influence of alcohol, careless driving, and driving too fast for conditions.

In conjunction with the arrest and charge, he was required to surrender his Minnesota driver's license to the arresting officer and received a temporary...

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