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JOHNSON v. COM'R OF PUBLIC SAFETY

No. C1-85-284.

375 N.W.2d 99 (1985)

Eugene JOHNSON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 22, 1985.

Attorney(s) appearing for the Case

William Kirschner, Kirschner & Baker Legal Clinic, Fargo, N.D., for appellant.

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

Heard, considered and decided by SEDGWICK, P.J., and LESLIE and NIERENGARTEN, JJ.

OPINION

LESLIE, Judge.

Appellant contends that his refusal to take a breathalyzer test was based upon reasonable grounds. The trial court disagreed. We affirm.

FACTS

At about 1:00 a.m., on September 8, 1984, appellant was driving his car through Moorhead when a police officer observed him driving 44-miles-per-hour in a 30-miles-per-hour zone. The officer followed appellant and noticed that his driving was erratic. The officer stopped appellant...

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