Holland v. Commissioner of Public Safety

OPINION

LESLIE, Judge.

Respondent was arrested for driving while under the influence of alcohol, and failed a breath test. His driving privileges were revoked pursuant to the implied consent law, and he petitioned for judicial review. After a hearing, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse and remand.

FACTS

Officer Jay Swanson of the Minnesota State Patrol was on duty on October 1, 1985. At approximately 2:05 a.m., he was in the area of downtown Lake Elmo when his dispatcher informed him that a citizen advised her that a car was in the…