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SMISEK v. COMMISSIONER OF PUBLIC SAFETY

No. C3-86-1432.

400 N.W.2d 766 (1987)

Yvonne Marie SMISEK, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

February 17, 1987.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Mary Magnuson, Joel A. Watne, Spec. Asst. Attys. Gen., St. Paul, for appellant.

Heard, considered and decided by PARKER, P.J., and HUSPENI and FORSBERG, JJ.

OPINION

PARKER, Judge.

Respondent Yvonne Marie Smisek was arrested for driving while under the influence of alcohol, refused testing under the implied consent law, and the Commissioner of Public Safety revoked her license. Contending her refusal was reasonable because she intended to plead guilty, she petitioned for judicial review. The trial court rescinded the revocation, and the Commissioner of Public...

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