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GODDERZ v. COMMISSIONER OF PUBLIC SAFETY

No. C0-84-2131.

369 N.W.2d 606 (1985)

David Eugene GODDERZ, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

June 25, 1985.

Attorney(s) appearing for the Case

Theodore K. Abe, Gerald C. MaGee, Minneapolis, for respondent.

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

Heard, considered and decided by WOZNIAK, P.J., and NIERENGARTEN and CRIPPEN, JJ.

OPINION

NIERENGARTEN, Judge.

This is an appeal by the Commissioner of Public Safety from an order of the trial court rescinding the revocation of David Godderz's driving privileges. We affirm.

FACTS

On September 4, 1984, Orono police Officer Kurt Erickson validly stopped David Godderz for D.W.I. After Godderz agreed to take a breath test, Officer Erickson, a certified intoxilyzer operator, started the testing process at the Orono police...

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