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ANDERSEN v. COMMISSIONER OF PUBLIC SAFETY

No. C0-87-281.

410 N.W.2d 17 (1987)

Eugene Stewart ANDERSEN, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

August 4, 1987.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Joel W. Sutcliffe, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by LESLIE, P.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

SEDGWICK, Judge.

Eugene Stewart Andersen was arrested for driving while under the influence. He failed the breath test and his driver's license was revoked. He petitioned for judicial review, contending that the officer did not have probable cause to believe he had been driving while under the influence. The trial court sustained the revocation and Andersen appeals. We affirm.

FACTS

On September 6, 1986, at approximately 10:30 p...

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