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GARDNER v. COMMISSIONER OF PUBLIC SAFETY

No. C9-87-2272.

423 N.W.2d 110 (1988)

Bret Stephen GARDNER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

May 17, 1988.

Attorney(s) appearing for the Case

Stephen R. O'Brien, Minneapolis, for petitioner, appellant.

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

Heard, considered and decided by FOLEY, P.J., and RANDALL and KALITOWSKI, JJ.

OPINION

RANDALL, Judge.

Appellant, who had three prior DWI and implied consent violations, obtained a driver's license on the condition that he abstain from alcohol. When the Commissioner of Public Safety received a letter stating that appellant had been found intoxicated, he cancelled appellant's driving privileges. Appellant petitioned for reinstatement and presented evidence that he had not been drinking. The trial court denied relief and dismissed the...

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