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VANGSTAD v. COMMISSIONER OF PUBLIC SAFETY

No. C3-86-1785.

404 N.W.2d 15 (1987)

Eric William VANGSTAD, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 14, 1987.

Attorney(s) appearing for the Case

Michael F. Tello, Anoka, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by LESLIE, P.J., and SEDGWICK and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

Respondent's driving privileges were revoked pursuant to the implied consent law, and he petitioned for judicial review. The trial court rescinded the revocation, finding the Commissioner had not met his burden of proving probable cause. The Commissioner appeals from the trial court order. Respondent has not submitted a brief, and this matter will proceed pursuant to Minn. R.Civ.App.P. 142.03. We reverse.

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