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KUROSAK v. COMMISSIONER OF PUBLIC SAFETY

No. C5-86-1786.

402 N.W.2d 826 (1987)

Dawn Rae KUROSAK, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

March 31, 1987.

Attorney(s) appearing for the Case

John R. Wylde, Jr., Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., and SEDGWICK and CRIPPEN, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

Respondent Dawn Rae Kurosak was arrested for driving while under the influence. She failed to provide an adequate breath sample for the Intoxilyzer, and the officer determined that she refused testing. She petitioned for judicial review of her driver's license revocation. The trial court rescinded the revocation. We reverse.

FACTS

On July 16, 1986, at approximately 11:00 p.m., Officer Michael Lee Braun received...

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