Schulberg v. Commissioner of Public Safety

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 He petitioned for judicial review, and the trial court rescinded the revocation.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’s vehicle. Hakala testified that the vehicle was driving southbound around a curve. Hakala estimated that it was moving at approximately 65 miles per hour.…