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HOLLAND v. COMMISSIONER OF PUBLIC SAFETY

No. CX-85-2261.

385 N.W.2d 413 (1986)

Gary Allen HOLLAND, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied June 19, 1986.

Attorney(s) appearing for the Case

Paige Donnally, Ltd., Benjamin F. Gallagher, St. Paul, for respondent.

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

Considered and decided by POPOVICH, C.J., and FORSBERG and LESLIE, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Respondent was arrested for driving while under the influence of alcohol, and failed a breath test. His driving privileges were revoked pursuant to the implied consent law, and he petitioned for judicial review. After a hearing, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse and remand.

FACTS

Officer Jay Swanson of the Minnesota State Patrol was on duty on October 1...

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