Burke v. Commissioner of Public Safety

OPINION

LANSING, Judge.

Officer Stanley G. Jensen, a deputy with the Anoka County Sheriffs Office, was on duty at approximately 1:30 a.m. on April 10, 1985. He stopped respondent James Burke’s car for speeding. After observing indicia of intoxication, Jensen arrested Burke for driving under the influence of alcohol. Burke agreed to take a breath test.

Officer David Keding, a correctional officer for the Anoka County Sheriffs Office and a certified Intoxilyzer operator, administered the Intoxilyzer test. He testified that he offered Burke three opportunities to blow into the machine, but that…