Schultz v. Commissioner of Public Safety

OPINION

PARKER, Judge.

Respondent Joseph Schultz’s driving privileges were revoked after he failed a breath test. At the implied consent hearing the trial court rescinded the revocation, determining that the Commissioner of Public Safety failed to establish, by a fair preponderance of the evidence, that Schultz’s alcohol concentration was .10 or more, as required by Minn.Stat. § 169.123 (1984). The Commissioner appeals, and we affirm.

FACTS

On February 6, 1986, at approximately 11:45 p.m., Officer David Nelson stopped Schultz for erratic driving. He observed indicia of alcohol consumption and…