Prideaux v. State Dept. of Public Safety

247 N.W.2d 385 (1976)

Daniel W. PRIDEAUX, Petitioner, Appellant,

v.

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Respondent.

No. 45862.

Supreme Court of Minnesota.

October 8, 1976.

On Rehearing November 5, 1976.

Bruce C. Douglas, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Craig R. Anderson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard and considered en banc.

KELLY, Justice.

Appellant, Daniel W. Prideaux, appeals from the judgment of the district court sustaining the commissioner of public safety's revocation of his driver's license.[1] We reverse.

At approximately 2:45 a. m. on…