Vivier v. Commissioner of Public Safety

OPINION

LESLIE, Judge.

Respondent’s driving privileges were revoked for failing a breath test under the implied consent law. He petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner of Public Safety appeals from the trial court order. As respondent did not file a brief, this matter is considered pursuant to Minn.R. Civ.App.P. 142.03. We reverse.

FACTS

Police Officer Richard Lafean was on routine patrol on August 28, 1986. He received information over the radio that the occupants of two parked vehicles were loud and disturbing and appeared to be drinking.…