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AUNAN v. COM'R OF PUBLIC SAFETY

No. CX 84 1388.

361 N.W.2d 907 (1985)

John Robert AUNAN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

February 12, 1985.

Attorney(s) appearing for the Case

Donald H. Nichols, Minneapolis, for respondent.

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

Considered and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

Respondent John Aunan was arrested for D.W.I. and taken for testing. An Intoxilyzer 5000 infrared breath-testing device was administered. Respondent failed to successfully provide two adequate breath samples and his license was revoked for having "refused" to permit testing. Minn.Stat. § 169.123, subd. 4 (1982). Following an implied consent hearing, the trial court found that...

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