Holstein v. Commissioner of Public Safety

OPINION

CRIPPEN, Judge.

The trial court applied a probable cause standard to assess the validity of a police stop leading to an arrest and alcohol testing. We reverse and remand for a determination using the proper standard. We also reverse the trial court’s conclusion that the chemical testing was invalid.

FACTS

Officer James Dahl of the Minnetonka Police Department was on duty on the morning of December 21, 1985, when he began observing respondent Linda Holstein’s vehicle driving southward on County Road 18. At trial, Dahl testified that while he was observing respondent’s car, it drifted…