STATE, DEPT. OF PUBLIC SAFETY v. MULVIHILL

Nos. 44810, 44857, 44864 and 45052.

227 N.W.2d 813 (1975)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Michael MULVIHILL, Respondent. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Weldon Ralph SWEARINGEN, Respondent. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. David Joseph HUTTON, Respondent. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Carroll Kenneth CORDES, Respondent.

Supreme Court of Minnesota.

March 28, 1975.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Joel A. Watne and Thomas G. Lockhart, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Harry Ray and Bjorn J. Ulstad, Minneapolis, for Mulvihill.

Thomas E. Moore, St. Paul, for Swearingen.

George H. Frisch, Minneapolis, for Hutton.

Jack M. Winick, Minneapolis, for Cordes.

Heard before PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court en banc.


TODD, Justice.

The State of Minnesota appeals from four separate lower court decisions rescinding orders of the commissioner of public safety which had revoked the driver's license of each of the respective defendants under the provisions of Minn.St. § 169.123, subd. 4, the implied-consent statute. The appeals were consolidated for hearing. Three of the defendants were arrested for and charged with driving while under the influence of an intoxicating beverage...

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