Rose v. Commissioner of Public Safety

OPINION

CRIPPEN, Judge.

The trial court sustained the revocation of appellant’s driver’s license. Appellant Steven Rose challenges the trial court’s admission of a breath test, contending that the police officer who stopped him did not have an articulable basis to do so. Because there is merit in appellant’s contention, we reverse.

FACTS

On December 12, 2000, Elk River Police Officer Olmscheid received a call from a Sherburne County dispatcher about a possible intoxicated driver. The dispatcher reported that an employee from Beaudry Express, an Elk River gas station, reported that a possible…