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JOHNSON v. COMMISSIONER OF PUBLIC SAFETY

No. C9-86-1435.

400 N.W.2d 195 (1987)

Kirk Paul JOHNSON, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied April 17, 1987.

Attorney(s) appearing for the Case

James L. Erickson, Hyatt Legal Services, Brooklyn Center, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Spec. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered, and decided by RANDALL, P.J., and FOLEY and WOZNIAK, JJ.

OPINION

RANDALL, Judge.

Respondent was arrested for driving while under the influence. His driver's license was revoked for refusing chemical testing under the implied consent law, and he petitioned for judicial review. The trial court rescinded the revocation. The Commissioner of Public Safety appeals. We affirm.

FACTS

On May 4, 1986, at approximately 1:00 a.m., Officer Rayette Manderfelt of the Corcoran Police Department placed respondent...

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