Delong v. Commissioner of Public Safety

OPINION

FORSBERG, Judge.

Respondent was arrested for driving while under the influence. His driving privileges were revoked after a blood test revealed an alcohol concentration of .11, and he petitioned for judicial review. The trial court rescinded the revocation and the Commissioner appeals.

FACTS

On September 10, 1985, at approximately 1:30 a.m., State Trooper Randall Lee Sling-er received a radio dispatch that Glenn’s Towing Service (Glenn’s) in Faribault, Minnesota requested that a trooper check for a vehicle possibly stuck in the median on 1-35, near milepost 61. Slinger was on the scene…