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MONTPETIT v. COMMISSIONER OF PUBLIC SAFETY

No. C3-86-362.

392 N.W.2d 663 (1986)

Joel Allyn MONTPETIT, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

August 26, 1986.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean Grau, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for appellant.

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

OPINION

RANDALL, Presiding Judge.

Respondent's driving privileges were revoked pursuant to the implied consent law when he failed a breath test. He petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner filed a motion for a new trial, or to reopen its case; the trial court denied the motion and the Commissioner filed this appeal. We affirm.

FACTS

On May 18, 1985, respondent Joel Allyn Montpetit was...

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