Windschitl v. Commissioner of Public Safety

COYNE, Justice.

The Commissioner of Public Safety appeals from the split decision of a Fifth Judicial District three-judge appellate panel reversing the Commissioner’s proposed revocation of Patrick Windschitl’s driving privileges. For the reasons set out below we reverse the district court panel and sustain the revocation of Windschitl’s driving privileges.

Shortly after midnight on April 18, 1981, two Springfield police officers were on routine patrol in the city cemetery located outside the corporate limits of Springfield, Minnesota. As the patrol car left the cemetery, Officer Gary Fiegel…