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KOZAK v. COM'R OF PUBLIC SAFETY

No. CO-84-1285.

359 N.W.2d 625 (1984)

Joseph John KOZAK, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 18, 1984.

Attorney(s) appearing for the Case

Louis D. Bass, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., Deborah L. Huskins, Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by FOLEY, P.J., and NIERENGARTEN and WOZNIAK, JJ.

OPINION

FOLEY, Judge.

This is an appeal from revocation of driver's license for refusal to submit to alcohol testing. The trial court found the driver was in physical control of the vehicle while under the influence of alcohol. We affirm.

FACTS

Deputy Kevin Strand stopped to investigate a car parked on the highway shoulder. He found Joseph John Kozak asleep in the driver's seat. Strand pounded on the window to awaken Kozak, who fumbled...

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