In Re the License Revocation of Herrera

In this driver’s license revocation proceeding the trial court granted the driver’s motion to dismiss. The Department of Commerce and Regulation (Department) appeals. We reverse.

Around 1:30 a.m. one morning in March 1985, Rapid City Police Officer Cinda Rau heard a loud squealing of tires near where she was patroling. After driving a few blocks in various directions in an attempt to locate the vehicle, she noticed Herrera driving his auto, but was unable to determine if it was the offending vehicle. After following the vehicle several blocks she observed what she described as an “abrupt lane…