Kirsch v. Commissioner of Public Safety

OPINION

HUSPENI, Judge.

Respondent Kevin Thomas Kirsch’s driver’s license was revoked pursuant to the implied consent law. When he petitioned for judicial review, the. trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse and reinstate the revocation.

FACTS

Trooper Vincent Day was on routine patrol in the early morning hours of February 7, 1988, when he received a call reporting an accident east of Mahnomen in which someone was lying in the road. On the way to the accident, he met a pickup truck whose occupants advised him that there was a serious accident…