Becker v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

The trial court rescinded the revocation of respondent Scott Becker’s driver’s license on the basis that there was no probable cause that Becker was the driver of the vehicle. The Commissioner of Public Safety appeals. We affirm.

FACTS

On December 1, 1984, Officer Peter Kis-ling (Kisling) arrested respondent Scott Becker (Becker) for the crime of driving while under the influence of alcohol. Becker refused testing. Pursuant to the implied consent statute, Minn.Stat. § 169.123 (1984), Becker’s driving privileges were revoked. Becker initiated this action for judicial review…