Graham v. Commissioner of Public Safety

OPINION

LANSING, Judge.

Respondent David Graham’s driver’s license was revoked after a breath test showed he was under the influence of aleo- hoi. The district court reinstated Graham’s driver’s license on the grounds that (1) he had been denied his right to counsel, and (2) the arresting officer had no probable cause to arrest him because the officer did not know how long Graham’s car had been in the ditch where it was found. Graham also presented evidence that he was not driving the car, but the trial court made no findings on that issue. The Commissioner of Public Safety appeals.

FACTS

On a…