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SOMMERS v. COM'R OF PUBLIC SAFETY

No. C7-91-1691.

482 N.W.2d 826 (1992)

Michelle Marie SOMMERS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 7, 1992.

Attorney(s) appearing for the Case

Mark J. Karon, University Student Legal Services, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Nancy J. Bode, Asst. Atty. Gen., Joel A. Watne, Special Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by AMUNDSON, P.J., and NORTON and PETERSON, JJ.

OPINION

PETERSON, Judge.

Respondent's driver's license was revoked after she failed an alcohol concentration test. She petitioned for judicial review. The trial court ordered the revocation rescinded, and the Commissioner of Public Safety appeals. We reverse.

FACTS

On June 13, 1991, Trooper Todd J. Waxberg arrested respondent for DWI. He read her the implied consent advisory, which stated in paragraph three: "Whether you take or refuse...

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