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ENGEN v. COM'R OF PUBLIC SAFETY

No. C0-85-1815.

383 N.W.2d 399 (1986)

Maizie C. ENGEN, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

March 11, 1986.

Attorney(s) appearing for the Case

Roger A. Gershin, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by LESLIE, P.J., and PARKER and CRIPPEN, JJ., with oral argument waived.

OPINION

CRIPPEN, Judge.

Respondent's driver's license was revoked after she failed an Intoxilyzer test. The trial court rescinded the revocation, and the Commissioner appeals. We reverse.

FACTS

Officers Jean Sutich and Robert Dole were on duty during the early morning hours of May 18, 1985. Sutich testified that they stopped and arrested respondent Maizie Engen on suspicion of driving while under the influence of alcohol at approximately...

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