Daley v. Commissioner of Public Safety

OPINION

LESLIE, Judge.

Appellant Joseph W. Daley’s driving privileges were revoked pursuant to the implied consent law. He petitioned for judicial review, contending that the revoca tion should not be sustained because the Commissioner of Public Safety failed to show by a preponderance of the evidence that the test result was accurate and reliable. The trial court sustained the revocation, and appellant appeals from the trial court’s order.

FACTS

On March 1, 1985, Police Sergeant Rodney Walker, a certified Intoxilyzer operator, performed an Intoxilyzer test on appellant. 1 After the air blank…