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MOSSAK v. COMMISSIONER OF PUBLIC SAFETY

No. C4-88-1590.

435 N.W.2d 578 (1989)

Julianne MOSSAK, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Denied April 10, 1989.

Attorney(s) appearing for the Case

Steven J. Meshbesher, Meshbesher, Singer & Spence, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Joseph Plumer, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by HUSPENI, P.J., and CRIPPEN and KALITOWSKI, JJ., without oral argument.

OPINION

CRIPPEN, Judge.

Appellant challenges the trial court's decision to sustain revocation of her driver's license for refusing a breath test after an implied consent advisory. Although police permission could have and undoubtedly should have been given for recantation of appellant's refusal of a breath test, the revocation of appellant's license is lawful.

FACTS

At 3:40 a.m. on April 20,...

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