PULLEN v. COMMISSIONER OF PUBLIC SAFETY

No. C7-87-763.

412 N.W.2d 780 (1987)

Christie LaRae PULLEN, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

September 29, 1987.


Attorney(s) appearing for the Case

Robert H. Meier, Minneapolis, for petitioner, appellant.

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

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


OPINION

FORSBERG, Judge.

Following her arrest for driving while under the influence, appellant Christie LaRae Pullen's license was revoked because she failed to provide an adequate breath sample. She petitioned for judicial review, and the trial court sustained the revocation. This appeal followed. We reverse.

FACTS

Police Officer Marie Fierck Przynski was on duty at approximately 9:00 a.m. on June 2, 1986, when she responded to a radio...

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