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WHITMAN v. COMMISSIONER OF PUBLIC SAFETY

No. C2-87-1335.

416 N.W.2d 476 (1987)

David Arthur WHITMAN, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 15, 1987.

Attorney(s) appearing for the Case

Steven A. Sicheneder, Jennings, Sicheneder & Anderson, P.A., North Branch, for appellant.

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

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

OPINION

HUSPENI, Judge.

Appellant was arrested for driving, operating, or being in physical control of a motor vehicle while under the influence and his license was revoked for failing the chemical test. He petitioned for judicial review and the trial court sustained the revocation. We remand.

FACTS

On May 5, 1987, at approximately 8:19 p.m., Deputy Sheriff Jerome Janssen responded to a call from the dispatcher reporting a car in the median...

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