Wolle v. Commissioner of Public Safety

OPINION

MULALLY, Judge.

Appellant was arrested for driving while under the influence. He did not provide an adequate breath sample and his license was revoked for refusal. He petitioned for judicial review, and the trial court sustained the revocation. He appeals from the trial court order.

FACTS

On March 15, 1987, appellant’s vehicle was stopped because one headlight was out. Fairmont Police Officer Lance Wilken placed appellant in the rear seat of his squad car and requested that he provide a breath sample for the ALERT model preliminary breath test. Wilkin explained to appellant that the…