Michaelis v. Commissioner of Public Safety

OPINION

NIERENGARTEN, Judge.

The Commissioner of Public Safety appeals from an order of the trial court rescinding the revocation of respondent Gerald C. Michaelis’ driver’s license. The trial court found the commissioner failed to prove that Michaelis’ test results accurately revealed an alcohol concentration of .10 or more because the breathalyzer operator had not been properly recertified. We reverse.

FACTS

Michaelis was stopped on October 7, 1984, after a Hennepin County Deputy Sheriff observed Michaelis’ vehicle weave across the center line of a highway five times. After being placed under…