Montpetit v. Commissioner of Public Safety

OPINION

RANDALL, Presiding Judge.

Respondent’s driving privileges were revoked pursuant to the implied consent law when he failed a breath test. He petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner filed a motion for a new trial, or to reopen its case; the trial court denied the motion and the Commissioner filed this appeal. We affirm.

FACTS

On May 18, 1985, respondent Joel Allyn Montpetit was stopped for speeding and arrested by State Trooper Jay Swanson (Swanson). His license was revoked for failing the breath test, and he petitioned for judicial…