Kooi v. Commissioner of Public Safety

OPINION

WOZNIAK, Judge.

The Commissioner of Public Safety appeals an order rescinding the revocation of Mari Kooi’s driver’s license. The court determined that, because Kooi was not under observation for 15 to 20 minutes prior to the administration of the breathalyzer test, the Commissioner did not prove by a fair preponderance of the evidence that the testing method used was valid and reliable. We reverse.

FACTS

Mari Kooi was arrested for DWI in March 1984, after failing a series of field sobriety tests. Officer David Sikorra of the Minnetonka Police Department read the Implied Consent Advisory…