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Legal Opinion

Weierke v. Commissioner of Public Safety

Court of Appeals of Minnesota

Decided June 2, 1998No. C9-97-1740PublishedCited by 9 opinions

1Opinion of the Court

OPINION

CRIPPEN, Judge.

John Paul Weierke, appealing from a trial court order sustaining the revocation of his driver’s license, challenges the lawfulness of the Intoxilyzer test of a sample that exceeded the minimum adequate sample. We affirm.

FACTS

After his arrest for DWI in June 1997, appellant submitted to an Intoxilyzer test and gave two adequate breath samples producing readings of .132, .136, .134, and .135 and a reported value of .13 with a 99% breath correlation. Based on this test result, the commissioner of public safety revoked appellant’s driver’s license.

At the revocation hearing,…

2Cases cited3 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. State v. JohnsonSupreme Court of Minnesota · 1971
  3. Dehn v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1986

3Cited by9 opinions

  1. Brooks v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1998
  2. Axelberg v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2013
  3. Berge v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1999
  4. State v. RaderCourt of Appeals of Minnesota · 1999
  5. Axelberg v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2013

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