SHORT v. COMMISSIONER OF PUBLIC SAFETY

No. C0-87-2080.

422 N.W.2d 40 (1988)

Thomas Stanley SHORT, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

April 19, 1988.


Attorney(s) appearing for the Case

Paul W. Rogosheske, Thuet, Lynch, Pugh & Rogosheske, South St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Jeanne J. Graham, Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by WOZNIAK, C.J., and RANDALL and KALITOWSKI, JJ.


OPINION

RANDALL, Judge.

Appellant's driving privileges were revoked after an Intoxilyzer test showed an alcohol concentration of .10. He petitioned for judicial review, asserting in relevant part that he was prevented or denied access to an independent alcohol concentration test and that he had not been in physical control of his vehicle. The trial court sustained the revocation and appellant brings this appeal...

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