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HESS v. COM'R OF PUBLIC SAFETY

No. C2-86-627.

392 N.W.2d 586 (1986)

Michelle Laverne HESS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 22, 1986.

Attorney(s) appearing for the Case

Harold L. Stolpestad, St. Paul, for respondent.

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

Heard, considered and decided by POPOVICH, C.J., and WOZNIAK and RANDALL, JJ.

OPINION

POPOVICH, Chief Judge.

Respondent was arrested for driving while under the influence and failed the breath test. She petitioned for judicial review and, after a hearing, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We affirm.

FACTS

On December 26, 1985, Officer Thomas Wasmund of the St. Louis Park Police Department received a radio call at approximately 1:03 a.m. that a car went off the road...

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