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BECKER v. COMMISSIONER OF PUBLIC SAFETY

No. C5-85-515.

374 N.W.2d 303 (1985)

Scott Kurt BECKER, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

September 17, 1985.

Attorney(s) appearing for the Case

Richard Genty, Winsted, for respondent.

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

Considered and decided by HUSPENI, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

The trial court rescinded the revocation of respondent Scott Becker's driver's license on the basis that there was no probable cause that Becker was the driver of the vehicle. The Commissioner of Public Safety appeals. We affirm.

FACTS

On December 1, 1984, Officer Peter Kisling (Kisling) arrested respondent Scott Becker (Becker) for the crime of driving while under the influence of alcohol. Becker refused testing...

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