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SCHULTZ v. COMMISSIONER OF PUBLIC SAFETY

No. C5-89-619.

447 N.W.2d 17 (1989)

Leo Joseph SCHULTZ, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 24, 1989.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen. and Jeffrey F. Lebowski, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by NORTON, P.J., and LANSING and FLEMING, JJ.

OPINION

WILLIAM J. FLEMING, Judge.

Appellant was arrested for driving while under the influence, and his driver's license was revoked for refusing testing pursuant to the implied consent law, Minn.Stat. § 169.123 (1988). He petitioned for judicial review, contending that because he told the officer he wanted to change his mind after first refusing, he did not refuse testing. The trial court sustained the revocation and Schultz appeals.

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