DONNELLY v. COM'R OF PUBLIC SAFETY

No. CO-87-2340.

422 N.W.2d 528 (1988)

Guy Mitchell DONNELLY, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

May 3, 1988.


Attorney(s) appearing for the Case

Benjamin F. Gallagher, Paige J. Donnelly, Ltd., St. Paul, for petitioner, appellant.

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

Considered and decided by FORSBERG, P.J., and FOLEY and NORTON, JJ., without oral argument.


OPINION

FOLEY, Judge.

Appellant Guy Mitchell Donnelly's driving privileges were revoked pursuant to the implied consent law after the testing officer determined he had refused to submit to testing. Appellant petitioned for judicial review, asserting that he did not refuse testing. The trial court sustained the revocation, and he appeals.

FACTS

Officer John Charles Bohl administered an Intoxilyzer test to appellant. While appellant's first...

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