Carlson v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

The Commissioner revoked respondent’s driving privileges for refusal to submit to testing. Respondent petitioned for judicial review and, after a hearing, the trial court rescinded the revocation. The Commissioner appeals, and we affirm.

FACTS

Officer James Sewald (Sewald) stopped respondent Richard Carlson (respondent) after observing respondent’s motor vehicle weaving on the road. Sewald detected an odor of alcohol, and observed that respondent’s eyes were glassy, watery looking and his speech was slightly slurred. Sew-ald offered respondent a preliminary breath test.…