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WILLEMS v. COMMISSIONER OF PUBLIC SAFETY

No. C0-82-553.

333 N.W.2d 619 (1983)

David Lewis WILLEMS, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

April 29, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Norman B. Coleman, Jr., and Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Hardwick & Mergens and Brian T. Hardwick, Roseau, for respondent.

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

YETKA, Justice.

Respondent David Lewis Willems filed a petition for a hearing to reinstate his driver's license under Minn.Stat. § 171.19 (1980) after his license had been revoked pursuant to Minn.Stat. § 169.123 (1982), the Implied Consent Statute. Willems appeared in person at the hearing while appellant Commissioner of Public Safety appeared by affidavit, as provided by Minn.Stat. § 171.19 (1982).

The commissioner argued that the court had...

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