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EVESLAGE v. COMMISSIONER OF PUBLIC SAFETY

No. C7-84-182.

353 N.W.2d 623 (1984)

Robert Joseph EVESLAGE, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

July 31, 1984.

Attorney(s) appearing for the Case

Paul Widick, St. Cloud, for respondent.

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

Heard, considered and decided by POPOVICH, C.J., and HUSPENI, and NIERENGARTEN, Judge.

OPINION

NIERENGARTEN, Judge.

Appellant Commissioner of Public Safety appeals from the trial court's order rescinding revocation of respondent Eveslage's driver's license pursuant to Minn.Stat. § 169.123 (1982), the implied consent statute. We reverse.

FACTS

On September 28, 1983, a Stearns County Deputy Sheriff observed a vehicle weaving across the centerline and the fog line along the right side of the road. He stopped the vehicle...

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