TORLAND v. COMMISSIONER OF PUBLIC SAFETY

No. C8-85-2260.

390 N.W.2d 282 (1986)

Belinda Blanch TORLAND, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

July 22, 1986.


Attorney(s) appearing for the Case

Joseph V. Bot, Marshall, for respondent.

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

Heard, considered and decided by FORSBERG, P.J., and SEDGWICK and RANDALL, JJ.


OPINION

SEDGWICK, Judge.

Respondent's driving privileges were revoked by the Commissioner of Public Safety for refusing to take a chemical test to determine the presence of alcohol. The trial court concluded that under the totality of the circumstances the respondent did not refuse testing, and it rescinded the revocation. The Commissioner of Public Safety appeals. We reverse.

FACTS

Police Officer Dennis Dean Hefti was on duty October 1...

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