State v. Anderson

OPINION

SEDGWICK, Judge.

The State of Minnesota and the City of Rosemount appeal the trial court’s order dismissing the D.W.I. complaint against respondent Robert Anderson. We reverse and remand for trial.

FACTS

The facts of this case are identical to those in Anderson v. Commissioner of Public Safety, 379 N.W.2d 678 (Minn.App.1985). In that case, the state successfully appealed the trial court’s dismissal of an implied consent charge. The main issue there, as here, was whether the trial court erred in ruling that respondent did not “refuse” the test when he did not respond to the officer’s offer…