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EXSTED v. COM'R OF PUBLIC SAFETY

No. C7-85-869.

375 N.W.2d 594 (1985)

Collin Carl EXSTED, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

November 5, 1985.

Attorney(s) appearing for the Case

Steven E. Elias, Milavetz & Associates, Coon Rapids, for appellant.

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

Considered and decided by POPOVICH, C.J., and WOZNIAK and HUSPENI, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

Appellant's driving privileges were revoked for refusing to take a breath test, and he petitioned for judicial review. The trial court sustained the revocation. We reverse.

FACTS

Appellant Collin Exsted was arrested for driving while intoxicated on January 6, 1985. He was read the implied consent advisory and agreed to submit to the breath test.

Officer Steven Cobb, a certified Intoxilyzer operator...

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