Schwarzrock v. Commissioner of Public Safety

OPINION

SEDGWICK, Judge.

Respondent Julie Schwarzrock’s driving privileges were revoked pursuant to implied consent. Following a hearing, the trial court rescinded the revocation. The Commissioner of Public Safety appeals. We reverse.

FACTS

On March 2, 1985, Lieutenant Jerome Kaproth of the Minnesota State Patrol arrested respondent for driving under the influence. He read the implied consent advisory to respondent who consented to a breath test. Kaproth, a certified Intoxilyzer operator, administered the test.

The diagnostic checks of the machine indicated it was working properly. “Air blank”…