Winder v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Respondent Arthur Lee Winder’s driving privileges were revoked for refusing a breath test, and he petitioned for judicial review. The trial court rescinded the revocation, and the Commissioner appeals. We reverse.

FACTS

On September 3, 1985, Police Officers Michael Moe and Steven Persons received a radio dispatch concerning a possible personal injury accident at West Broadway Avenue and Logan Avenue in Minneapolis. Upon arriving at the scene, Moe and Persons observed that two vehicles were damaged. Moe spoke with an individual who identified himself as the driver of one of…