Johnson v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

Respondent was arrested for driving while under the influence. His driver’s license was revoked for refusing chemical testing under the implied consent law, and he petitioned for judicial review. The trial court rescinded the revocation. The Commissioner of Public Safety appeals. We affirm.

FACTS

On May 4, 1986, at approximately 1:00 a.m., Officer Rayette Manderfelt of the Corcoran Police Department placed respondent Kirk Paul Johnson under arrest for driving while under the influence. She read the implied consent advisory to respondent, who stated he understood it and…