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SIGFRINIUS v. COMMISSIONER OF PUBLIC SAFETY

No. CX-85-1224.

378 N.W.2d 124 (1985)

Robert Allen SIGFRINIUS, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

December 17, 1985.

Attorney(s) appearing for the Case

Gerald C. Magee, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by PARKER, P.J., and FORSBERG and NIERENGARTEN, JJ.

OPINION

PARKER, Judge.

Respondent was arrested for driving while under the influence of alcohol, and the arresting officer determined that his actions amounted to a refusal to take the breath test. Respondent's driver's license was revoked, and he brought a petition for judicial review. The trial court rescinded the revocation, and the Commissioner of Public Safety appeals. We reverse.

FACTS

Officer Brian Johnson arrested respondent Robert...

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