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HUBER v. COMMISSIONER OF PUBLIC SAFETY

No. C5-85-1390.

382 N.W.2d 573 (1986)

Robert Wallace HUBER, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

March 11, 1986.

Attorney(s) appearing for the Case

Lucy A. Wieland, Minneapolis, for respondent.

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

Heard, considered and decided by LESLIE, P.J., and PARKER and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Appellant Commissioner of Public Safety revoked respondent's driving privileges for refusal to submit to a chemical test of his breath alcohol level. Respondent petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner appeals. We affirm.

FACTS

On February 9, 1985, respondent Robert Huber was arrested and charged with driving while under the influence of alcohol. He was taken...

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