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SCHULBERG v. COMMISSIONER OF PUBLIC SAFETY

No. C7-85-2198.

387 N.W.2d 225 (1986)

Bradley SCHULBERG, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

May 20, 1986.

Attorney(s) appearing for the Case

Mark A. Olson, Burnsville, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jeffrey S. Bilcik, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered, and decided by WOZNIAK, P.J., and HUSPENI and RANDALL, JJ., without oral argument.

OPINION

RANDALL, Judge.

Respondent's driving privileges were revoked pursuant to the implied consent law. He petitioned for judicial review, and the trial court rescinded the revocation. The Commissioner of Public Safety appeals.

FACTS

On July 6, 1985, at approximately 2:00 a.m., police officer Thomas Hakala was on duty. He was driving northbound on Cedar Avenue, just north of Trunk Highway 50, on routine patrol, when he observed respondent...

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