Whitman v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Appellant was arrested for driving, operating, or being in physical control of a motor vehicle while under the influence and his license was revoked for failing the chemical test. He petitioned for judicial review and the trial court sustained the revocation. We remand.

FACTS

On May 5, 1987, at approximately 8:19 p.m., Deputy Sheriff Jerome Janssen responded to a call from the dispatcher reporting a car in the median on Interstate 35, north of North Branch. He found a vehicle at that location parked on the shoulder, and saw two people in the vicinity. Appellant was walking…