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LUNDQUIST v. COM'R OF PUBLIC SAFETY

No. C0-87-331.

411 N.W.2d 608 (1987)

Todd Robert LUNDQUIST, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

September 8, 1987.

Attorney(s) appearing for the Case

Todd Robert Lundquist, pro se.

Hubert H. Humphrey, III, Atty. Gen., Peggy L. Bunch, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by POPOVICH, C.J., and NORTON and MULALLY, JJ.

OPINION

NORTON, Judge.

Respondent was arrested for driving while under the influence and he refused to take a breath test. His license was revoked for refusal pursuant to the implied consent law, and he petitioned for judicial review. The trial court rescinded the revocation, determining that the officer did not have probable cause to believe respondent was driving while under the influence. The Commissioner appeals from the trial court order. Respondent...

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