Diane Leslie Meyers v. Commissioner Public

A driver who was offered a choice of a blood or urine test pursuant to Minn. Stat. § 169.123, subd. 2(c) (1984), and who chose a blood test, which was subsequently found to be unavailable, did not refuse testing when she then declined to take the urine test. CRIPPEN, Judge The Commissioner of Public Safety revoked the driving privileges of respondent Diane Meyers for refusal to submit to testing pursuant to the implied consent law. She brought a petition for judicial review, a hearing was conducted, and the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We affirm.