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MUSGJERD v. COMMISSIONER OF PUBLIC SAFETY

No. C7-85-1732.

384 N.W.2d 571 (1986)

Dean C. MUSGJERD, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

April 8, 1986.

Attorney(s) appearing for the Case

Michael E. Sullivan, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Nancy Welsh, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Heard, considered and decided by CRIPPEN, P.J., and WOZNIAK and SEDGWICK, JJ.

OPINION

WOZNIAK, Judge.

Appellant Dean Musgjerd's driving privileges were revoked and he petitioned for judicial review. The trial court sustained the revocation, and appellant appeals, contending that the officer lacked probable cause to believe that he had been driving while under the influence. We reverse.

FACTS

State Trooper Jay Swanson was on duty on April 20, 1985. He was advised by his dispatcher at about 2:33 a.m. that there was...

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