Genia v. Commissioner of Public Safety

OPINION

LANSING, Judge.

This appeal consolidates two implied consent cases. In each case the petitioner agreed to take an Intoxilyzer breath test, but the officer operating the machine discontinued the test before the machine completed the first four-minute cycle because the officer determined the subject was not cooperating. The Commissioner revoked both drivers’ licenses for refusal to submit to testing, and the trial court in each case rescinded the revocation. The Commissioner appeals, and we affirm.

FACTS

Anthony Genia

On January 20, 1985, at about 1:30 a.m., Minneapolis Police Officer Steven…