Anderson v. Commissioner of Public Safety

OPINION

FOLEY, Judge.

Respondent William Lennox Anderson’s driver’s license was revoked for refusing testing. He petitioned for judicial review and the trial court rescinded the revocation. The Commissioner of Public Safety appeals. Anderson did not file a brief and this matter is proceeding pursuant to Minn. R.Civ.App.P. 142.03.

FACTS

Officer Mark Holden arrested Anderson for driving while under the influence. He read the implied consent advisory to Anderson and asked him to take a breath test. Anderson agreed to do so.

Officer Shawn Mahaney administered the Intoxilyzer test. When Anderson gave…