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GRAHAM v. COM'R OF PUBLIC SAFETY

No. CX-85-820.

374 N.W.2d 809 (1985)

David Michael GRAHAM, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

October 15, 1985.

Attorney(s) appearing for the Case

Lawrence P. Zielke, Orlins & Brainerd, Richfield, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Kenneth H. Bayliss, III, Sp. Asst. Attys. Gen., St. Paul, for appellant.

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

OPINION

LANSING, Judge.

Respondent David Graham's driver's license was revoked after a breath test showed he was under the influence of alcohol. The district court reinstated Graham's driver's license on the grounds that (1) he had been denied his right to counsel, and (2) the arresting officer had no probable cause to arrest him because the officer did not know how long Graham's car had been in the ditch where...

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