Musgjerd v. Commissioner of Public Safety

OPINION

WOZNIAK, Judge.

Appellant Dean Musgjerd’s driving privileges were revoked and he petitioned for judicial review. The trial court sustained the revocation, and appellant appeals, contending that the officer lacked probable cause to believe that he had been driving while under the influence. We reverse.

FACTS

State Trooper Jay Swanson was on duty on April 20, 1985. He was advised by his dispatcher at about 2:33 a.m. that there was a motorcycle accident in the area of Highway 280 and University Avenue in St. Paul. Swanson arrived on the scene at 2:37 a.m., and found a body lying partially on…