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FITZGERALD v. COM'R OF PUBLIC SAFETY

No. C6-84-710.

356 N.W.2d 843 (1984)

John Michael FITZGERALD, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 30, 1984.

Attorney(s) appearing for the Case

Barbara J. Runchey, Runchey, Louwagie & Wellman, Marshall, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Ann LaBree Russell, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered and decided by FOLEY, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

On June 11, 1983, appellant refused to submit to a test to determine his blood alcohol content. The implied consent advisory had been read to him following a minor automobile accident. On January 25, 1984, appellant received notice that his driver's license had been revoked for six months as a result of his refusal. Appellant demanded a hearing. The trial court sustained the revocation, but made the six months revocation retroactive...

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