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SCHLEMME v. COM'R OF PUBLIC SAFETY

No. C1-84-1666.

363 N.W.2d 781 (1985)

Douglas SCHLEMME, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

February 26, 1985.

Attorney(s) appearing for the Case

Deborah K. Ellis, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Mary B. Magnuson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by SEDGWICK, P.J., and FOLEY and CRIPPEN, JJ.

OPINION

FOLEY, Judge.

Douglas Schlemme's driver's license was revoked because he refused to submit to a breath test. Schlemme seeks rescission of the revocation, contending that the state failed to establish circumstances in which he could be required to take a test. We affirm.

FACTS

Very late June 12, 1984, a security guard at a Bloomington hotel noticed a silver Corvette straddling a...

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