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DUFRANE v. COMMISSIONER OF PUBLIC SAFETY

No. C2-84-140.

353 N.W.2d 705 (1984)

Robert Ervin DUFRANE, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

August 28, 1984.

Attorney(s) appearing for the Case

Emmett D. Dowdal, White Bear Lake, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Joel A. Watne, Sp.Asst.Attys.Gen., St. Paul, for respondent.

Heard, considered and decided by SEDGWICK, P.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

RANDALL, Judge.

Robert Dufrane appeals the revocation of his driver's license pursuant to Minn. Stat. § 169.123 (1982) for being in physical control of a motor vehicle while under the influence of alcohol. Appellant contends that he was not in physical control of a vehicle when he was found in the front seat of a parked car with the ignition key not accessible to him. We affirm.

FACTS

At about four a.m. one day in October,...

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