Able v. Commissioner of Public Safety

OPINION

PARKER, Judge.

Appellant John T. Able challenges the revocation of his driving privileges under Minn.Stat. § 169.123 (Supp.1983), the implied consent statute. Appellant was arrested for D.W.I. and subsequently refused to submit to chemical testing. On appeal he contends his arrest was illegal. We remand.

FACTS

Around midnight on January 9, 1984, Colleen Bonneville, a clerk at a 7-Eleven Store, observed appellant eating one of the store’s hamburgers and putting a can of chili in his pocket. She asked him to pay for the items. At this time she observed that he was obnoxious and intoxicated…