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SHOVEIN v. COMMISSIONER OF PUBLIC SAFETY

No. C4-84-379.

357 N.W.2d 386 (1984)

Joel Francis SHOVEIN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

James R. Forsythe, Streater, Murphy, Gernander, Beerling & Forsythe, Winona, for respondent.

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

Considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ., without oral argument.

OPINION

LANSING, Judge.

This is an appeal from an order rescinding the Commissioner of Public Safety's revocation of Joel Francis Shovein's driving privileges pursuant to Minn.Stat. § 169.123 (1982 & Supp.1983), the implied consent statute. The court rescinded the revocation on the ground that Shovein's refusal to take a breath test was reasonable because he was impermissibly denied an opportunity to make a private telephone call to his attorney...

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