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KUHN v. COMMISSIONER OF PUBLIC SAFETY

No. C0-92-103.

488 N.W.2d 838 (1992)

Donald Anthony KUHN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 20, 1992.

Attorney(s) appearing for the Case

Faison T. Sessoms, Minneapolis, for respondent.

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

Considered and decided by AMUNDSON, P.J., and PARKER and KALITOWSKI, JJ.

OPINION

AMUNDSON, Judge.

This is an appeal from an order rescinding the Commissioner of Public Safety's revocation of Donald Anthony Kuhn's driver's license. The referee recommended, and the trial court approved, rescinding the revocation on the ground Kuhn was denied the reasonable opportunity to have counsel before submitting to a chemical test. We affirm.

FACTS

At 1:30 a.m., on August 12, 1991, Donald Kuhn was stopped by Officer Todd...

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