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GENIA v. COMMISSIONER OF PUBLIC SAFETY

Nos. CX-85-1336, C5-85-1485.

382 N.W.2d 284 (1986)

Anthony Leo GENIA, Jr., Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant, and Bobbie Jo RITTER, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

February 25, 1986.

Attorney(s) appearing for the Case

William R. Kennedy, Hennepin Co. Public Defender, Philip D. Bush, Asst. Public Defender, Jeffery Wagner, Law Clerk, Minneapolis, for respondents.

Hubert H. Humphrey, III, Atty. Gen., M. Jacqueline Regis, Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for appellant.

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

OPINION

LANSING, Judge.

This appeal consolidates two implied consent cases. In each case the petitioner agreed to take an Intoxilyzer breath test, but the officer operating the machine discontinued the test before the machine completed the first four-minute cycle because the officer determined the subject was not cooperating. The Commissioner revoked both drivers' licenses for refusal to submit to testing...

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