Foster v. Commissioner of Public Safety

OPINION

SEDGWICK, Judge.

Respondent’s driving privileges were revoked pursuant to the implied consent law. He petitioned for judicial review, and the trial court rescinded the revocation, holding that there was an insufficient time frame to connect respondent’s drinking and driving. The Commissioner of Public Safety appeals. We reverse.

FACTS

State Trooper Steven Pott, a certified peace officer and certified Intoxilyzer operator, was on duty the evening of December 23,1984. About 3 a.m., while driving south on Highway 35E near Highway 36, he saw tire tracks going into the ditch on the right side.…