Ekong v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Respondent’s driver’s license was revoked by the Commissioner of Public Safety for refusing an alcohol concentration test to determine the presence of alcohol. Upon respondent’s petition for judicial review, the trial court determined that when respondent took an alcohol concentration test at a detoxification center, he cured his initial refusal. The trial court rescinded the license revocation, and the Commissioner appeals. We reverse.

FACTS

University of Minnesota police officer Steven Gjerde was on duty at approximately 12:30 a.m., May 3, 1992, when he observed…