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NESSETH v. COMMISSIONER OF PUBLIC SAFETY

No. C3-87-906.

416 N.W.2d 139 (1987)

Micky Alan NESSETH, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 8, 1987.

Attorney(s) appearing for the Case

Donald G. Clapp, St. Paul, for appellant.

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

Heard, considered and decided by WOZNIAK, P.J., and NORTON and IVERSON, JJ

OPINION

WOZNIAK, Chief Judge.

Appellant Micky Alan Nesseth's driver's license was revoked for an implied consent violation and, on review, the trial court sustained the revocation. Nesseth challenges the validity of the test and the sufficiency of probable cause. We affirm.

FACTS

Officer Anthony Follen was on duty in the early morning hours of January 3, 1987, when he received a report from the dispatcher of a vehicle possibly in the ditch...

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