Daryl Wayne Johnson v. Commissioner Public

This is an appeal by the Commissioner of Public Safety from an order of the trial court rescinding the revocation of Daryl Wayne Johnsons driving privileges. Johnson failed to file a brief and we proceeded under Minn. R. Civ. App. P. 142.03. The trial court concluded the officer lacked probable cause to believe Johnson had been driving a motor vehicle while under the influence. We reverse and remand.