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JOHNSON v. STATE, DEPT. OF PUB. SAFETY

No. C6-83-1670.

351 N.W.2d 634 (1984)

Charles Allen JOHNSON, Respondent, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, petitioner, Appellant.

Supreme Court of Minnesota.

July 13, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, James B. Early, Sp. Asst. Attys. Gen., St. Paul, for appellant.

Mark G. Stephenson, Rochester, for respondent.

Considered and decided by the court en banc without oral argument.

WAHL, Justice.

Charles Allen Johnson challenged the admissibility of the results of a breathalyzer test at an implied consent hearing in Steele County Court. The court rescinded the proposed revocation of Johnson's driver's license because it found:

(1) a lack of training standards for persons administering and interpreting breathalyzer tests; and

(2) that the Commissioner of Public Safety had not approved the training program taken by the breathalyzer...

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