Kraker v. Commissioner of Public Safety

OPINION

SEDGWICK, Judge.

This appeal is from an order sustaining the revocation of appellant’s driver’s license. We affirm.

FACTS

Roger Kraker was arrested on August 26, 1984 for driving while intoxicated. When he refused to submit to chemical testing, his license was revoked. Kraker requested a hearing pursuant to Minn.Stat. § 169.123, subd. 5c (1984), seeking rescission of revocation because of lack of probable cause and because there was reasonable grounds for refusal.

At the hearing Officer James Dupay testified that he first observed Kraker’s automobile parked with its headlights on. While…