Ascher v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Respondent Ricky Francis Ascher’s license, conditional on his total abstinence from alcohol and controlled substances, was revoked on the grounds that he refused a test at a sobriety checkpoint and cancelled and denied on the grounds that he was inimical to public safety. After this court held the checkpoint unconstitutional, respondent sought reinstatement of his license. Appellant Commissioner of Public Safety upheld the cancellation and denial on “inimical to public safety” grounds. Respondent then petitioned successfully for reinstatement in the district court, which…