SANDS v. COMMISSIONER OF PUBLIC SAFETY

No. A07-0059.

744 N.W.2d 24 (2008)

Charles Aaron SANDS, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

January 29, 2008.


Attorney(s) appearing for the Case

Rory Patrick Durkin, Giancola Law Office, Anoka, MN, for respondent.

Lori Swanson, Attorney General, Kyle R. Gustafson, Assistant Attorney General, St. Paul, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; STONEBURNER, Judge; and MINGE, Judge.


OPINION

HALBROOKS, Judge.

The Commissioner of Public Safety challenges the district court's ruling that a peace officer is required to certify under Minn.Stat. § 169A.52; subd. 4(a) (2006), that a suspected impaired driver's alcohol concentration was .20 or more before the commissioner can revoke the motorist's driver's license for more than 90 days. Because we conclude that the district court erred in its interpretation of the, statute, we reverse...

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