BERGE v. COM'R OF PUBLIC SAFETY

No. C4-84-2181.

374 N.W.2d 730 (1985)

Kent BERGE, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

October 18, 1985.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Blake, Shepard, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Wayne A. Pokorny, Excelsior, for respondent.

Considered and decided by the court en banc without oral argument.


AMDAHL, Chief Justice.

The Commissioner of Public Safety revoked the driver's license of Kent Orrin Berge pursuant to the implied consent law, Minn.Stat. § 609.123, subd. 4 (1984), because the results of the chemical breath test to which Berge submitted, shortly after being arrested for driving while under the influence, indicated that he had an alcohol concentration of 0.10 or more. The trial court rescinded the revocation, and a panel of the Court of Appeals...

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