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WINDSCHITL v. COMMISSIONER OF PUBLIC SAFETY

No. C6-83-423.

355 N.W.2d 146 (1984)

Patrick Gerald WINDSCHITL, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

September 14, 1984.

Attorney(s) appearing for the Case

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

J. Brian O'Leary, Springfield, for respondent.

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

COYNE, Justice.

The Commissioner of Public Safety appeals from the split decision of a Fifth Judicial District three-judge appellate panel reversing the Commissioner's proposed revocation of Patrick Windschitl's driving privileges. For the reasons set out below we reverse the district court panel and sustain the revocation of Windschitl's driving privileges.

Shortly after midnight on April 18, 1981, two Springfield police officers were on routine patrol in...

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