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MOE v. COMMISSIONER OF PUBLIC SAFETY

Nos. C9-97-1706, C9-97-1821.

574 N.W.2d 96 (1998)

Stephen Adolph MOE, petitioner, Respondent (C9-97-1706), Kenneth Martin Rice, petitioner, Respondent (C9-97-1821), v. COMMISSIONER OF PUBLIC SAFETY, Appellant (C9-97-1706 & C9-97-1821).

Court of Appeals of Minnesota.

Review Denied April 14, 1998.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Attorney General, Steven H. Alpert, Assistant Attorney General, St. Paul, for appellant.

Jeffrey S. Sheridan, Strandemo & Sheridan, P.A., Inver Grove Heights, for respondents.

Considered and decided by SHORT, P.J., and HARTEN and MANSUR, JJ.

OPINION

SHORT, Judge.

The driving privileges of Stephen Adolph Moe and Kenneth Martin Rice were revoked pursuant to Minn.Stat. § 169.123, subd. 4 (1994). Both revocations were rescinded when trial courts concluded that alcohol concentration test results were obtained in violation of the drivers' due process rights. On this consolidated appeal, the Commissioner of Public Safety argues there is no due process violation where peace officers accurately...

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