Roche v. Commissioner of Public Safety

OPINION

RANDALL, Judge.

Appellant Commissioner of Public Safety appeals from the trial court’s order rescinding the commissioner’s revocation of respondent Dennis Edward Roche’s license under the implied consent statute. We reverse.

FACTS

On August 19, 1984, a blue Buick and a semi-tractor trailer were involved in an accident on Interstate 494 near the Mississippi River bridge. Upon arriving at the scene of the accident, Paul Pfuhl, a Minnesota State Trooper, identified the driver of the Buick as respondent Dennis Roche. Pfuhl smelled the odor of alcohol on Roche’s breath and noted his eyes were…