Commissioner of Public Safety v. Shewchuk

OPINION

LOMMEN, Judge.

Respondent was arrested for driving while under the influence, and he refused testing to determine his alcohol concentra tion. His license was revoked, and he petitioned for judicial review. The trial court rescinded the revocation, because the officer did not have probable cause to believe respondent was driving while under the influence. The Commissioner of Public Safety appeals.

FACTS

Officer Steven Elliott Hanson was operating stationary radar in the area of Oak-dale Court and Oakdale in West St. Paul, when he noticed a vehicle which the radar indicated and which he…