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STEELE v. COMMISSIONER OF PUBLIC SAFETY

No. C4-88-2335.

439 N.W.2d 427 (1989)

Jonathan Eugene STEELE, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

May 9, 1989.

Attorney(s) appearing for the Case

Andrew S. Birrell, Meshbesher, Singer & Spence, Minneapolis, for petitioner, respondent.

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

Considered and decided by NIERENGARTEN, P.J., and NORTON and MULALLY, JJ., without oral argument.

OPINION

EDWARD D. MULALLY, Judge.

Respondent was arrested for driving while under the influence and he challenged his subsequent license revocation under the implied consent law. The trial court determined that the officer did not have probable cause to believe respondent was in physical control of the motor vehicle while under the influence, and rescinded the revocation. The Commissioner of Public Safety appeals.

FACTS

Officer William...

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