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COM'R OF PUBLIC SAFETY v. SHEWCHUK

No. C0-87-779.

412 N.W.2d 434 (1987)

COMMISSIONER OF PUBLIC SAFETY, Appellant, v. Terry Frederick SHEWCHUK, Respondent.

Court of Appeals of Minnesota.

September 22, 1987.

Attorney(s) appearing for the Case

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

Paul W. Rogosheske, South St. Paul, for respondent.

Heard, considered, and decided by POPOVICH, C.J., and NORTON and LOMMEN, JJ.

OPINION

LOMMEN, Judge.

Respondent was arrested for driving while under the influence, and he refused testing to determine his alcohol concentration. His license was revoked, and he petitioned for judicial review. The trial court rescinded the revocation, because the officer did not have probable cause to believe respondent was driving while under the influence. The Commissioner of Public Safety appeals.

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