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DALY v. COMMISSIONER OF PUBLIC SAFETY

No. C7-86-1983.

405 N.W.2d 489 (1987)

Geoffrey Gerard DALY, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

May 12, 1987.

Attorney(s) appearing for the Case

Frederick Bohling, Burnsville, for Geoffrey Gerard Daly.

Hubert H. Humphrey, III, Atty. Gen., and Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Public Safety.

Considered and decided by CRIPPEN, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

LESLIE, Judge.

Appellant's driving privileges were revoked for an implied consent violation. He petitioned for judicial review, and the trial court sustained the revocation. Appellant seeks review of the trial court's decision.

FACTS

On May 5, 1986, at approximately 1:10 a.m., Police Officer Robert Larson was parked in his marked squad car in the parking lot of an Amoco Service Station in

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