Legal Opinion

Schildgen v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided March 5, 1985No. C7-84-1574PublishedCited by 7 opinions

1Opinion of the Court

SUMMARY OPINION

WOZNIAK, Judge.

FACTS

The trial court rescinded the revocation of Gregory Schildgen’s driver’s license after an implied consent hearing. The Commissioner of Public Safety had revoked Schildgen’s license following his arrest for DWI and a subsequent analysis of his breath alcohol concentration at .10. The trial court determined that the testing method was valid and reliable, but rescinded the revocation on the grounds that the test results were not accurately evaluated because of an alleged margin of error in the breathalyzer instrument.

DECISION

The implied consent law, Minn. Stat.…

2Cases cited1 opinion

  1. Grund v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1984

3Cited by7 opinions

  1. Haynes v. State, Department of Public SafetyAlaska Supreme Court · 1993
  2. Nugent v. Iowa Department of TransportationSupreme Court of Iowa · 1986
  3. Hrncir v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985
  4. Loxtercamp v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986
  5. Dixon v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1985

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