State, Department of Highways v. Cornelius

The driver’s license of respondent, Willis Cornelius, was ordered revoked for a period of 6 months for failure to submit to a chemical test for intoxication pursuant to Minn. St. 169.123. On appeal to the Municipal Court of Hennepin County, the revocation order was rescinded. The matter is here on appeal by the state.

On December 22, 1969, at 2:10 a. m., two Bloomington police officers arrested respondent for driving under the influence of alcohol in violation of Minn. St. 169.121. To show probable cause for giving the test, one of the officers certified:

“I observed the defendant drive from…