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KOOI v. COMMISSIONER OF PUBLIC SAFETY

No. CO-84-1626.

363 N.W.2d 487 (1985)

Mari Reeves KOOI, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

February 26, 1985.

Attorney(s) appearing for the Case

Donald H. Nichols, Minneapolis, for respondent.

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

Heard, considered, and decided by WOZNIAK, P.J., and PARKER and HUSPENI, JJ.

OPINION

WOZNIAK, Judge.

The Commissioner of Public Safety appeals an order rescinding the revocation of Mari Kooi's driver's license. The court determined that, because Kooi was not under observation for 15 to 20 minutes prior to the administration of the breathalyzer test, the Commissioner did not prove by a fair preponderance of the evidence that the testing method used was valid and reliable. We reverse.

FACTS

Mari Kooi was arrested...

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