Steele v. Commissioner of Public Safety

OPINION

EDWARD D. MULALLY, Judge.

Respondent was arrested for driving while under the influence and he challenged his subsequent license revocation under the implied consent law. The trial court determined that the officer did not have probable cause to believe respondent was in physical control of the motor vehicle while under the influence, and rescinded the revocation. The Commissioner of Public Safety appeals.

FACTS

Officer William Wyffels was on duty on July 3, 1988, at approximately 11 p.m., when he and Officer James Schlossmacher received a report of a suspicious vehicle parked on a…