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JOHNSON v. COM'R OF PUBLIC SAFETY

No. C2-85-522

374 N.W.2d 811 (1985)

Edward R. JOHNSON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 15, 1985.

Attorney(s) appearing for the Case

Jerrold M. Hartke, Hartke & Montpetit, South St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

OPINION

LANSING, Judge.

Edward Johnson appeals from an order of the trial court sustaining the revocation of his driver's license after a blood test showed he was driving under the influence of alcohol. At the implied consent hearing the date of the arrest was disputed, and the trial court found that the arrest occurred on May 29, 1984 rather than on May 28, the date alleged by the arresting officer. Johnson contends the officer's mistake in the date requires...

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