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MICHAELIS v. COM'R OF PUBLIC SAFETY

No. C3-84-2172.

371 N.W.2d 638 (1985)

Gerald C. MICHAELIS, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

Review Denied October 11, 1985.

Attorney(s) appearing for the Case

Kenneth Meshbesher, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Jean M. Boler, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by LESLIE, P.J., and SEDGWICK and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

The Commissioner of Public Safety appeals from an order of the trial court rescinding the revocation of respondent Gerald C. Michaelis' driver's license. The trial court found the commissioner failed to prove that Michaelis' test results accurately revealed an alcohol concentration of .10 or more because the breathalyzer operator had not been properly recertified. We reverse.

FACTS

Michaelis was stopped on October...

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