Cantor v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

Appellant Anthony Cantor appeals the court’s sustaining the Commissioner’s revocation of his driver’s license under Minn. Stat. § 169.123 (1984) for refusing to take the breath test. Appellant claims he was physically unable to give an adequate breath sample because his lower dentures came loose and obstructed his air passage when he blew into the Intoxilyzer.

FACTS

On November 17, 1984, Officer Ekstedt pulled appellant, Anthony Cantor; over on suspicion of driving while intoxicated. Officer Ekstedt attempted to give appellant an Intoxilyzer test. Ekstedt did the necessary…