Zern v. Commissioner of Public Safety

OPINION

SEDGWICK, Judge.

The Commissioner of Public Safety appeals the trial court’s rescission of the revocation of respondent’s driver’s license. We reverse.

FACTS

Respondent Paul Zern was stopped for speeding and arrested for DWI. Shortly after his arrest, he consented to a breath test. During the course of the test an internal diagnostic check was conducted which indicated that the intoxilyzer machine was in proper working order. The machine performed four separate air blank tests, the results of which were within acceptable limits. The trooper operating the machine, a certified breathalyzer…