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EKONG v. COMMISSIONER OF PUBLIC SAFETY

No. C3-92-1889.

498 N.W.2d 319 (1993)

Anthony Sebastian EKONG, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 6, 1993.

Attorney(s) appearing for the Case

Michael E. Sullivan, Minneapolis, for respondent.

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

Considered and decided by RANDALL, P.J., and HUSPENI and FOLEY, JJ.

OPINION

HUSPENI, Judge.

Respondent's driver's license was revoked by the Commissioner of Public Safety for refusing an alcohol concentration test to determine the presence of alcohol. Upon respondent's petition for judicial review, the trial court determined that when respondent took an alcohol concentration test at a detoxification center, he cured his initial refusal. The trial court rescinded the license revocation, and the Commissioner appeals. We reverse...

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