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BELILLE v. COMMISSIONER OF PUBLIC SAFETY

No. C8-87-433.

411 N.W.2d 589 (1987)

Paulette Patricia BELILLE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Denied November 6, 1987.

Attorney(s) appearing for the Case

Loren M. Solfest, Roseville, John D. Flanery, Minneapolis, for appellant.

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

Heard, considered and decided by POPOVICH, C.J., and FOLEY and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

Appellant Paulette Belille was arrested for driving while under the influence. Her license was revoked for refusing testing when she failed to provide an adequate breath sample for the Intoxilyzer. She petitioned for judicial review, contending that she was physically unable to provide an adequate sample. The trial court sustained the revocation, and Belille appeals. We reverse.

FACTS

Officer David Norman Prois was...

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