Swedzinski v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

The Commissioner of Public Safety appeals from an order of the trial court rescinding the revocation of David Swedzin-ski’s driving privileges. The trial court determined Swedzinski had reasonable grounds for refusing to submit to testing. We reverse.

FACTS

David Swedzinski was arrested for D.W.I. and agreed to take a breath test. He was taken to the Dakota County Sheriff’s Office. On the first attempt at administering the test, at 1:28 a.m., the intoxilyzer machine kicked out the test record because of radio frequency interference. Swedzinski was aware of the faulty test.…