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STEINBERG v. STATE, DEPT. OF PUBLIC SAFETY

No. CO-84-380.

357 N.W.2d 413 (1984)

Michael Joseph STEINBERG, petitioner, Respondent, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

Robert H. Meier, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, Linda F. Close, James B. Early, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Heard, considered, and decided by POPOVICH, C.J., and LESLIE and CRIPPEN, JJ.

OPINION

LESLIE, Judge.

The Commissioner of Public Safety revoked respondent Steinberg's driver's license pursuant to Minn.Stat. § 169.123. Steinberg petitioned for judicial review and the trial court rescinded the revocation. The Commissioner appeals on grounds the arresting officer had probable cause to believe Steinberg operated his car while under the influence of alcohol. We reverse.

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