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BENSON v. COMMISSIONER OF PUBLIC SAFETY

No. C7-86-1191.

397 N.W.2d 452 (1986)

Daryl Clifford BENSON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 30, 1986.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Minneapolis, for petitioner, appellant.

Hubert H. Humphrey, III, Minnesota Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for respondent.

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

OPINION

FORSBERG, Judge.

This appeal is from the district court's order sustaining the revocation of Daryl Clifford Benson's driver's license. Benson claims that the court erred in rejecting his argument that his refusal to provide a valid breath sample was reasonable due to his physical inability. We affirm.

FACTS

On March 27, 1986, Officer Lynn R. Johnson of the Mankato City Police Department observed a pickup truck weaving in the road...

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