Glasmann v. State, Department of Revenue, Motor Vehicle Division

BABCOCK, Judge.

The Department of Revenue (department) appeals the trial court judgment reversing its revocation of the driver’s license of plaintiff, Robert Gregory Glasmann, Jr., for operating a motor vehicle when the alcohol level of his breath was in excess of .15 grams per 210 liters of breath. The department argues that there is substantial evidence, when the record is considered as a whole, to support the hearing officer’s determination that the arresting officer “[cjlosely and continuously observe[d] the subject for twenty (20) minutes prior to testing to detect any belching,…