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GERNES v. COMMISSIONER OF PUBLIC SAFETY

No. C9-88-1066.

431 N.W.2d 267 (1988)

Gregory John GERNES, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

November 15, 1988.

Attorney(s) appearing for the Case

Steven R. Peloquin, Streater, Murphy, Gernander & Forsythe, Winona, for respondent.

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

Heard, considered and decided by PARKER, P.J., and RANDALL and BOWEN, JJ.

OPINION

PARKER, Judge.

Respondent Gregory Gernes was arrested for driving while under the influence and refused to submit to breath testing. His license was revoked for one year and he petitioned for judicial review. The trial court ordered the period of revocation reduced to 30 days. The Commissioner of Public Safety appeals. Gernes advised the court that he would not appear by written or oral argument, and this matter proceeds pursuant to Minn.R.Civ.App...

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