Corriveau v. Commissioner of Public Safety

SUMMARY OPINION

FOLEY, Judge.

FACTS

Respondent James Corriveau was arrested for driving while intoxicated and was given an Intoxilyzer test. The trial court found that his first breath sample was .164 with a replicate reading of .168. The second sample was deficient. His license was apparently revoked for one year, and he petitioned for judicial review on a number of counts.

After a hearing, the trial court rescinded the revocation on the ground that the respondent was denied the right to consult with an attorney prior to deciding whether to take the test, pursuant to this court’s decision in…