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STATE, CITY OF ST. PAUL v. DITTEL

No. C8-90-1429.

464 N.W.2d 601 (1991)

STATE of Minnesota, CITY OF ST. PAUL, Appellant, v. Robert J. DITTEL, Respondent.

Court of Appeals of Minnesota.

Review Denied March 6, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Jane A. McPeak, St. Paul City Atty., Virginia D. Palmer, Deputy City Atty., Christina E. Koehn, Asst. City Atty., St. Paul, for appellant.

L. Charles Peterson, St. Paul, for respondent.

Considered and decided by HUSPENI, P.J., and DAVIES and NIERENGARTEN, JJ.

OPINION

DAVIES, Judge.

The state appeals from the trial court's suppression of the result of a nonconsensual blood test in a DWI prosecution. The blood test was suppressed on the grounds that, while there was probable cause to suspect respondent of DWI, there was not probable cause to suspect criminally negligent driving. We reverse.

FACTS

Respondent Robert J. Dittel was involved in a head-on collision at approximately

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