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KIRSCH v. COMMISSIONER OF PUBLIC SAFETY

No. C8-88-2452.

440 N.W.2d 147 (1989)

Kevin Thomas KIRSCH, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

May 23, 1989.

Attorney(s) appearing for the Case

Peter W. Cannon, Mahnomen, for petitioner, respondent.

Hubert H. Humphrey, III, Atty. Gen., Joseph Plumer, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by CRIPPEN, P.J., and HUSPENI and SCHULTZ, JJ., without oral argument.

OPINION

HUSPENI, Judge.

Respondent Kevin Thomas Kirsch's driver's license was revoked pursuant to the implied consent law. When he petitioned for judicial review, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse and reinstate the revocation.

FACTS

Trooper Vincent Day was on routine patrol in the early morning hours of February 7, 1988, when he received a call reporting an accident east of Mahnomen...

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