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SCHWARZROCK v. COMMISSIONER OF PUBLIC SAFETY

No. CO-86-139.

388 N.W.2d 425 (1986)

Julie Ann SCHWARZROCK, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

June 10, 1986.

Attorney(s) appearing for the Case

John W. Zweber, Lane Kirchner, Roseville, for respondent.

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

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

OPINION

SEDGWICK, Judge.

Respondent Julie Schwarzrock's driving privileges were revoked pursuant to implied consent. Following a hearing, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse.

FACTS

On March 2, 1985, Lieutenant Jerome Kaproth of the Minnesota State Patrol arrested respondent for driving under the influence. He read the implied consent advisory to respondent who consented to a breath...

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