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CORRIVEAU v. COMMISSIONER OF PUBLIC SAFETY

No. C8-85-1335.

380 N.W.2d 214 (1986)

James Prestidge CORRIVEAU, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

January 21, 1986.

Attorney(s) appearing for the Case

Jerry Strauss, Robert C. Sipkins, St. Louis Park, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Lawrence M. Schultz, Michael P. Shroyer, Spec. Asst. Attys. Gen., St. Paul, for appellant.

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

SUMMARY OPINION

FOLEY, Judge.

FACTS

Respondent James Corriveau was arrested for driving while intoxicated and was given an Intoxilyzer test. The trial court found that his first breath sample was .164 with a replicate reading of .168. The second sample was deficient. His license was apparently revoked for one year, and he petitioned for judicial review on a number of counts.

After a hearing,...

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