Appelgate v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Appellant’s driving privileges were revoked for failing a test taken pursuant to the implied consent law, Minn.Stat. § 169.-123. He petitioned for judicial review, contending that the initial investigatory stop was improper. The trial court sustained the revocation, and appellant brings an appeal from the trial court’s order. We reverse.

FACTS

On April 15, 1986, at approximately 2:25 a.m., Police Officer James Liddy of the Hopkins Police Department was parked at 11th Avenue and 6th Street South in Hopkins. He had responded to a call of a burglary in progress at an…