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ROHLIK v. COMMISSIONER OF PUBLIC SAFETY

No. CX-86-1167.

400 N.W.2d 791 (1987)

Brian Mark ROHLIK, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied April 17, 1987.

Attorney(s) appearing for the Case

Brian L. White and Franta & White, Wabasso, for respondent.

Hubert H. Humphrey, III, Minnesota Atty. Gen. and Lawrence M. Schultz, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by FORSBERG, P.J., and SEDGWICK and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

Respondent Brian Rohlik's driver's license was revoked for driving with an alcohol concentration over .10. The trial court rescinded the revocation. On appeal the Commissioner argues that the trial court erred in finding the alcohol concentration test must be administered within two hours of an accident, in finding the police officer had no probable cause to believe Rohlik drove while under the influence, and in finding that the police...

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