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MAGNUSON v. COMMISSIONER OF PUBLIC SAFETY

No. A04-2212.

703 N.W.2d 557 (2005)

Jeffrey William MAGNUSON, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

September 13, 2005.

Attorney(s) appearing for the Case

Peter J. Timmons, Minneapolis, MN, for respondent.

Mike Hatch, Attorney General, Jeffrey F. Lebowski, Joel A. Watne, Sean McCarthy, Assistant Attorneys General, St. Paul, MN, for appellant.

Considered and decided by MINGE, Presiding Judge; WILLIS, Judge; and STONEBURNER, Judge.

OPINION

WILLIS, Judge.

In this appeal from the rescission of respondent's license revocation, appellant commissioner of public safety argues that the court erred by concluding that (1) an investigatory stop based on an identified informant's tip to the police was invalid and (2) the implied-consent advisory violated respondent's due-process rights because it did not warn that a test result of .20 or more is an aggravating factor that might increase the penalty...

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