OPINION
LESLIE, Judge.
Respondent driver was given an Intoxilyzer test, and provided a deficient first sample and an adequate second sample. The arresting and testing officers concluded that he failed the test. He petitioned for judicial review, and the appellant Commissioner issued an amended notice of revocation, on the basis of refusal to permit testing. The trial court rescinded the revocation based on refusal, and the Commissioner appeals. We affirm...
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