BURKE v. COMMISSIONER OF PUBLIC SAFETY

No. C0-85-1300.

377 N.W.2d 78 (1985)

William James BURKE, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

November 26, 1985.


Attorney(s) appearing for the Case

William G. Moore, Fridley, for petitioner, respondent.

Hubert H. Humphrey, III, Atty. Gen., Mary B. Magnuson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by POPOVICH, C.J., LESLIE and NIERENGARTEN, JJ. with oral argument waived.


OPINION

LESLIE, Judge.

Respondent William Burke's driving privileges were revoked under the implied consent law. He petitioned for judicial review, and the trial court rescinded the revocation for lack of probable cause. We reverse and remand.

FACTS

Officer Dale Karis was on routine patrol duty the evening of March 24, 1985. At approximately 7:35 p.m. he received a radio call that a truck was in the ditch at the intersection of Highway...

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