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PAULSON v. COMMISSIONER OF PUBLIC SAFETY

No. C6-85-1303.

384 N.W.2d 244 (1986)

Debora Lynn PAULSON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 1, 1986.

Attorney(s) appearing for the Case

Joseph F. Chase, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, 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 FORSBERG, P.J., and LANSING and RANDALL, JJ.

OPINION

LANSING, Judge.

The Commissioner of Public Safety revoked the driving privileges of respondent Debora Paulson for failing a breath test. Paulson petitioned for judicial review, and after a hearing the trial court rescinded the revocation. The Commissioner of Public Safety appeals from the trial court's order. We reverse.

FACTS

State Trooper Bradley Timm was driving south on Highway 52 on April 14, 1985, at approximately 1:15 a.m...

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