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APPELGATE v. COMMISSIONER OF PUBLIC SAFETY

No. C3-86-1625.

399 N.W.2d 162 (1987)

Paul Eugene APPELGATE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Granted February 18, 1987.

Attorney(s) appearing for the Case

William G. Moore, Fridley, for appellant.

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

Considered and decided by FORSBERG, P.J., and SEDGWICK and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

Appellant's driving privileges were revoked for failing a test taken pursuant to the implied consent law, Minn.Stat. § 169.123. He petitioned for judicial review, contending that the initial investigatory stop was improper. The trial court sustained the revocation, and appellant brings an appeal from the trial court's order. We reverse.

FACTS

On April 15, 1986, at approximately 2:25 a.m., Police Officer James...

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