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LOXTERCAMP v. COMMISSIONER OF PUBLIC SAFETY

No. C4-85-1624.

383 N.W.2d 335 (1986)

Daniel Leonard LOXTERCAMP, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied May 22, 1986.

Attorney(s) appearing for the Case

Kenneth Meshbesher, Meshbesher, Singer & Spence, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, St. Paul, for appellant.

Considered and decided by RANDALL, P.J., and PARKER, and FOLEY, JJ., with oral argument waived.

OPINION

PARKER, Judge.

Respondent Daniel Loxtercamp's driving privileges were revoked when he failed a breathalyzer test with a .10 reading. He petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner of Public Safety appeals from the trial court's order. We reverse.

FACTS

On September 1, 1984, Loxtercamp was involved in an automobile accident. State Trooper Ronald Leasman arrived at the scene, observed...

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