COLE v. COMMISSIONER OF PUBLIC SAFETY

No. C4-95-507.

535 N.W.2d 816 (1995)

John Patrick COLE, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

August 8, 1995.


Attorney(s) appearing for the Case

Jeffrey B. Ring, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by CRIPPEN, P.J., and HUSPENI and KALITOWSKI, JJ.


OPINION

CRIPPEN, Judge.

The trial court having sustained the revocation of his driving privileges based on the conclusion that he refused to submit a breath test, appellant John Cole contends that he did not refuse but instead failed to provide an adequate second breath sample because the attending officer denied his access to the Intoxilyzer machine for a significant part of the four-minute test cycle. We affirm, concluding that appellant had a reasonable...

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