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AHRENS v. COMMISSIONER OF PUBLIC SAFETY

No. C1-86-876.

396 N.W.2d 653 (1986)

Dean Virgil AHRENS, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

November 25, 1986.

Attorney(s) appearing for the Case

Robert E. Pottratz, Meyer, Meyer and Pottratz, Melrose, for respondent.

Hubert H. Humphrey, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

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

OPINION

HUSPENI, Judge.

Respondent Dean Virgil Ahrens was arrested for driving while under the influence and failed a breath test. His license was revoked and he petitioned for judicial review. The trial court rescinded the revocation, and the Commissioner of Public Safety appeals. We reverse and remand.

FACTS

Ahrens was arrested for driving while under the influence on April 5, 1986 by Sauk Centre Police Sergeant Amor Phillip Himsl. Ahrens...

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