Knapp v. Commissioner of Public Safety

OPINION

SHUMAKER, Judge.

Appellant challenges the trial court’s order sustaining the commissioner of public safety’s revocation of appellant’s driver’s license. The revocation resulted from a stop made by a deputy sheriff who knew only that appellant was found sleeping in the back seat of his vehicle in a parking lot early in the morning, that he had failed a preliminary breath test performed by an*241other deputy, and that he had been instructed not to drive. Appellant alleges that without testimony or other evidence in the record, it cannot be presumed that there existed sufficient indicia of…