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WINDER v. COMMISSIONER OF PUBLIC SAFETY

No. C2-86-241.

392 N.W.2d 21 (1986)

Arthur Lee WINDER, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 22, 1986.

Attorney(s) appearing for the Case

Andrew S. Birrell, Meshbesher, Singer & Spence, 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 FOLEY, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

HUSPENI, Judge.

Respondent Arthur Lee Winder's driving privileges were revoked for refusing a breath test, and he petitioned for judicial review. The trial court rescinded the revocation, and the Commissioner appeals. We reverse.

FACTS

On September 3, 1985, Police Officers Michael Moe and Steven Persons received a radio dispatch concerning a possible personal injury accident at West Broadway Avenue and Logan Avenue in Minneapolis...

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