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GIDDINGS v. COMMISSIONER OF PUBLIC SAFETY

No. C7-84-652.

354 N.W.2d 579 (1984)

Kathryn Margaret GIDDINGS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

September 18, 1984.

Attorney(s) appearing for the Case

Bernard E. Johnson, Johnson & Doran, Columbia Heights, 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 FOLEY and WOZNIAK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This is an appeal from an order rescinding the Commissioner of Public Safety's revocation of respondent's driver's license pursuant to Minn.Stat. § 169.123, subd. 4 (1982). Respondent was arrested for D.W.I. and subsequently refused to submit to testing. Following an implied consent hearing, the trial court rescinded the Commissioner's revocation, finding the peace officer did not have probable cause to believe respondent had...

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