State v. Vievering

I respectfully dissent. Although the issue of the officer’s right to request a preliminary breath screening test pursuant to Minn.Stat. § 169.121, subd. 6 (1984) must be considered close, I would defer to the discretion of the trial court and affirm the court’s order suppressing the test. Oral testimony on the issue was taken and our scope of appellate review is necessarily limited when the credibility of witnesses is assessed by the trial court. See State v. Mytych, 292 Minn. 248, 194 N.W.2d 276 (1972).

The record is clear that the peace officer limited his reasons for requesting that…