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LeCLAIR v. COMMISSIONER OF PUBLIC SAFETY

No. C5-87-1068.

416 N.W.2d 209 (1987)

Richard Paul LeCLAIR, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

December 8, 1987.

Attorney(s) appearing for the Case

James H. Leviton, Minneapolis, for respondent.

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

Heard, considered and decided by HUSPENI, P.J., and SEDGWICK and LOMMEN, JJ.

OPINION

A. PAUL LOMMEN, Judge.

Respondent's driving privileges were revoked pursuant to the implied consent law for refusing testing when the officer believed respondent failed to give an adequate urine sample and refused a blood test. When the sample proved sufficient and revealed an alcohol concentration of .15, the Commissioner issued an amended notice showing a revocation for failing the test. Respondent petitioned...

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