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MORGAN v. COMMISSIONER OF PUBLIC SAFETY

No. CX-91-1801.

477 N.W.2d 911 (1991)

Thomas Patrick MORGAN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied January 17, 1992.

Attorney(s) appearing for the Case

Russell H. Crowder, Barna, Guzy & Steffen, Ltd., Coon Rapids, for respondent.

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

Considered at Special Term and decided by WOZNIAK, C.J., and KALITOWSKI and SHORT, JJ.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge

FACTS

On May 26, 1991, respondent Thomas Patrick Morgan was arrested for driving while under the influence. Pursuant to the implied consent advisory, the officer informed respondent that if he refused testing, he "may be subject to criminal penalties." The parties stipulated that respondent would have testified that he took the test because he feared criminal prosecution if he refused to do so, and that...

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