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BERNS v. COM'R OF PUBLIC SAFETY

No. CX-84-1097.

355 N.W.2d 493 (1984)

Thomas Paul BERNS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 9, 1984.

Attorney(s) appearing for the Case

Timothy A. Murphy, Caledonia, for respondent.

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

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

The Commissioner of Public Safety appeals an order of the trial court rescinding the revocation of Thomas Berns' driving privileges. Following an implied consent hearing, the trial court found Berns was not in physical control of his vehicle when he was arrested for DWI. We reverse.

FACTS

At about 12:30 a.m. respondent Thomas Berns and a friend Michael Kearns, left Kay's Korral, a bar in Nodine, Minnesota, in Berns...

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