Lundquist v. Commissioner of Public Safety

OPINION

NORTON, Judge.

Respondent was arrested for driving while under the influence and he refused to take a breath test. His license was revoked for refusal pursuant to the implied consent law, and he petitioned for judicial review. The trial court rescinded the revocation, determining that the officer did not have probable cause to believe respondent was driving while under the influence. The Commissioner appeals from the trial court order. Respondent did not submit a brief. This court ordered that the matter proceed pursuant to Minn.R.Civ.App.P. 142.03, and that respondent is not entitled…