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ROBERTS v. COMMISSIONER OF PUBLIC SAFETY

No. CO-84-2176.

371 N.W.2d 605 (1985)

Gregory David ROBERTS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 11, 1985.

Attorney(s) appearing for the Case

Michael P. Gallagher, Minneapolis, for respondent.

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

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

The trial court rescinded the revocation of respondent Gregory Roberts' driver's license on the basis that Roberts did not have physical control of the vehicle. The Commissioner of Public Safety appeals. We affirm.

FACTS

An officer of the Medina Police Department observed respondent Gregory Roberts passed out on the front seat of his vehicle, which was parked in the parking lot of the Medina Ballroom with the...

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