Aitken v. Commissioner of Public Safety

SUMMARY OPINION

SEDGWICK, Judge.

FACTS

The Commissioner of Public Safety appeals a municipal court order requiring ex-pungement from a driver’s record of “any and all references in any way related to [a rescinded] revocation.”

James Aitken was arrested for a DWI violation. A breath test revealed a blood alcohol concentration of .18. Pursuant to Minn.Stat. § 169.123 (1982), the Commissioner of Public Safety revoked Aitken’s driver’s license. Aitken challenged the revocation. A municipal court judge ordered the revocation rescinded because police denied Aitken his right to counsel by limiting him…