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MELBY v. COMMISSIONER OF PUBLIC SAFETY

No. C1-84-601.

367 N.W.2d 527 (1985)

Eric David MELBY, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Petitioner, Appellant.

Supreme Court of Minnesota.

May 17, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Asst. Atty. Gen., St. Paul, for appellant.

Paul W. Rogosheske, So. St. Paul, for respondent.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

The Commissioner of Public Safety (Commissioner) revoked the driving privileges of the Respondent Melby under Minn.Stat. § 169.123 (1984), the Implied Consent Statute, for operating a snowmobile at a time when he had a blood alcohol concentration in excess of .10. The Dakota County Court rescinded the revocation by holding the snowmobile, at the time of the arrest, was not operated on a street or highway. On appeal, the Commissioner contended...

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