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OVERLINE v. STATE, COM'R OF PUBLIC SAFETY

No. C2-86-1938.

406 N.W.2d 23 (1987)

Mark Alan OVERLINE, Petitioner, Appellant, v. STATE of Minnesota, COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

May 19, 1987.

Attorney(s) appearing for the Case

James H. Leviton, Minneapolis, for appellant.

Hubert H. Humphrey, III, State Atty. Gen., Lawrence M. Schultz, Mary Magnuson, Asst. Attys. Gen., St. Paul, for respondent.

Heard, considered and decided by PARKER, P.J., and SEDGWICK and LANSING, JJ.

OPINION

SEDGWICK, Judge.

Mark Alan Overline was arrested for driving while under the influence and his driver's license was revoked for refusing testing pursuant to the implied consent law, Minn.Stat. § 169.123. The trial court sustained the revocation. We affirm.

FACTS

At 9:33 p.m. State Trooper Gerald William Trott received an accident report. He arrived at the scene less than three minutes later and saw a Ford pickup truck resting...

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