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RUDE v. COMMISSIONER OF PUBLIC SAFETY

No. C2-83-1505.

347 N.W.2d 77 (1984)

Janice Ann RUDE, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 17, 1984.

Attorney(s) appearing for the Case

Terence L. Maus, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, for respondent.

Linda F. Close, David L. Valentini, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ.

OPINION

PARKER, Judge.

This is an appeal from an order rescinding the Commissioner's revocation of respondent's driver's license pursuant to Minn.Stat. § 169.123, subd. (4) (1982). Following an accident, a certified peace officer asked respondent for a blood sample for chemical testing because the officer believed that respondent may have been driving while intoxicated. After conferring with her brother, respondent refused to take the test. The Commissioner...

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