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CARLSON v. COM'R OF PUBLIC SAFETY

No. C4-85-876.

374 N.W.2d 791 (1985)

Richard Allen CARLSON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 8, 1985.

Attorney(s) appearing for the Case

Ralph S. Palmer, Roseville, for respondent.

Hubert H. Humphrey, III, Atty. Gen., M. Jacqueline Regis, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by LANSING, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

The Commissioner revoked respondent's driving privileges for refusal to submit to testing. Respondent petitioned for judicial review and, after a hearing, the trial court rescinded the revocation. The Commissioner appeals, and we affirm.

FACTS

Officer James Sewald (Sewald) stopped respondent Richard Carlson (respondent) after observing respondent's motor vehicle weaving on the road. Sewald detected an odor of alcohol...

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