CANTOR v. COMMISSIONER OF PUBLIC SAFETY

No. C1-85-530.

376 N.W.2d 530 (1985)

Anthony John CANTOR, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

November 12, 1985.


Attorney(s) appearing for the Case

Steven Z. Lange, Minneapolis, for appellant.

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

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


OPINION

RANDALL, Judge.

Appellant Anthony Cantor appeals the court's sustaining the Commissioner's revocation of his driver's license under Minn. Stat. § 169.123 (1984) for refusing to take the breath test. Appellant claims he was physically unable to give an adequate breath sample because his lower dentures came loose and obstructed his air passage when he blew into the Intoxilyzer.

FACTS

On November 17, 1984, Officer Ekstedt pulled...

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