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SWEDZINSKI v. COM'R OF PUBLIC SAFETY

No. C1-84-2011.

367 N.W.2d 119 (1985)

David William SWEDZINSKI, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

May 7, 1985.

Attorney(s) appearing for the Case

Harry P. Schoen, Hastings, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Linda F. Close, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by POPOVICH, C.J., and SEDGWICK and RANDALL, JJ.

OPINION

RANDALL, Judge.

The Commissioner of Public Safety appeals from an order of the trial court rescinding the revocation of David Swedzinski's driving privileges. The trial court determined Swedzinski had reasonable grounds for refusing to submit to testing. We reverse.

FACTS

David Swedzinski was arrested for D.W.I. and agreed to take a breath test. He was taken to the Dakota County Sheriff's Office. On the first attempt at administering...

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