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BOHLIG v. COMMISSIONER OF PUBLIC SAFETY

No. C5-85-1261.

379 N.W.2d 714 (1986)

David Alan BOHLIG, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

January 21, 1986.

Attorney(s) appearing for the Case

Robert H. Wenner, St. Cloud, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Mary B. Magnuson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

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

PARKER, Judge.

After an implied consent hearing, the trial court rescinded the revocation of respondent David Bohlig's driver's license under Minn.Stat. § 169.123 (1984). The Commissioner of Public Safety appeals the trial court's order. We reverse.

FACTS

On February 15, 1985, at 9:57 p.m., Officer Robert Johnson, a certified police officer, was dispatched to Lake George, located in St. Cloud, because...

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