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SCHMIDT v. COMMISSIONER OF PUBLIC SAFETY

No. C2-92-40.

486 N.W.2d 473 (1992)

Mary Karen SCHMIDT, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

June 30, 1992.

Attorney(s) appearing for the Case

Theodore K. Abe, Law Offices of Gerald C. Magee, Minneapolis, for appellant.

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

Considered and decided by FORSBERG, P.J., and HUSPENI and PETERSON, JJ.

OPINION

FORSBERG, Judge.

Appellant Mary Karen Schmidt was arrested for driving while under the influence of alcohol, and her driver's license was revoked by the Commissioner of Public Safety in accordance with the implied consent law. She thereafter filed a petition for judicial review, and sought rescission of the revocation.

At a district court hearing, Schmidt argued the officer's stop of her vehicle was not lawful; the officer did not have probable...

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