Cited by

Opinions in Minnesota that cite State, Department of Public Safety v. Habisch, 313 N.W.2d 13.

46 citing documents.

Derek Alexander Knapp v. Commissioner of Public Safety Minn. Ct. App. 2025
Derek Alexander Knapp v. Commissioner of Public Safety Minn. Ct. App. 2025
(stating that the supreme court has held that “testimony of the reading obtained by a Breathalyzer test conducted by a certified operator may be admitted without antecedent expert testimony if it is established that the machine was in proper working order and the chemicals in proper condition” (ci
Lindberg v. Commissioner of Public Safety 498 N.W.2d 301 Minn. Ct. App. 1993
Lindberg v. Commissioner of Public Safety 498 N.W.2d 301 Minn. Ct. App. 1993
(after state established sufficient foundation to admit test result, defendant was free to challenge foundation but did not do so).
Hounsell v. Commissioner of Public Safety 401 N.W.2d 94 Minn. Ct. App. 1987
Hounsell v. Commissioner of Public Safety 401 N.W.2d 94 Minn. Ct. App. 1987
State v. Nelson 399 N.W.2d 629 Minn. Ct. App. 1987
State v. Nelson 399 N.W.2d 629 Minn. Ct. App. 1987
this court reiterated the position held by the Minnesota Supreme Court in State, that it is not neces *632 sary that all 25 steps of the BCA checklist for breathalyzer tests be followed to ensure reliability of test results.
Ahrens v. Commissioner of Public Safety 396 N.W.2d 653 Minn. Ct. App. 1986
Ahrens v. Commissioner of Public Safety 396 N.W.2d 653 Minn. Ct. App. 1986
Schultz v. Commissioner of Public Safety 393 N.W.2d 373 Minn. Ct. App. 1986
Schultz v. Commissioner of Public Safety 393 N.W.2d 373 Minn. Ct. App. 1986
In State, the Breathalyzer test result was challenged because the simulator solution, which was the known alcohol solution used to test the Breathalyzer, was old.
State v. Palmer 391 N.W.2d 857 Minn. Ct. App. 1986
State v. Palmer 391 N.W.2d 857 Minn. Ct. App. 1986
In State, the court upheld the trial court’s original determination that the state had provided sufficient foundation to justify the admission of breathalyzer tests utilizing a 62-day-old simulator solution.
Loxtercamp v. Commissioner of Public Safety 383 N.W.2d 335 Minn. Ct. App. 1986
Engen v. Commissioner of Public Safety 383 N.W.2d 399 Minn. Ct. App. 1986
Engen v. Commissioner of Public Safety 383 N.W.2d 399 Minn. Ct. App. 1986
Loxtercamp v. Commissioner of Public Safety 383 N.W.2d 335 Minn. Ct. App. 1986
Renner v. Commissioner of Public Safety 373 N.W.2d 628 Minn. Ct. App. 1985
Renner v. Commissioner of Public Safety 373 N.W.2d 628 Minn. Ct. App. 1985
Roche v. Commissioner of Public Safety 372 N.W.2d 92 Minn. Ct. App. 1985
Roche v. Commissioner of Public Safety 372 N.W.2d 92 Minn. Ct. App. 1985
Absent a request that the administrator attend the hearing and testify on behalf of the state, “no additional documents or testimony are needed to establish [the administrator’s] competence.” Glick, d at 16 ; see State
Michaelis v. Commissioner of Public Safety 371 N.W.2d 638 Minn. Ct. App. 1985
Michaelis v. Commissioner of Public Safety 371 N.W.2d 638 Minn. Ct. App. 1985
See State, -16 (Minn.1981) (noncompliance with BCA recommendation to replace simulator solution every 30 days did not invalidate test results where the machine was in proper working order and the chemicals in proper condition).
Zern v. Commissioner of Public Safety 371 N.W.2d 82 Minn. Ct. App. 1985
Zern v. Commissioner of Public Safety 371 N.W.2d 82 Minn. Ct. App. 1985
State, State, City of St.
Heitkamp v. State 363 N.W.2d 849 Minn. Ct. App. 1985
Heitkamp v. State 363 N.W.2d 849 Minn. Ct. App. 1985
Noren v. Commissioner of Public Safety 363 N.W.2d 315 Minn. Ct. App. 1985
Kooi v. Commissioner of Public Safety 363 N.W.2d 487 Minn. Ct. App. 1985
Kooi v. Commissioner of Public Safety 363 N.W.2d 487 Minn. Ct. App. 1985
Noren v. Commissioner of Public Safety 363 N.W.2d 315 Minn. Ct. App. 1985
Although the reliability of a breathalyzer test is rebuttable, see State, a low simulator test reading does not automatically render the test unreliable.
Glick v. Commissioner of Public Safety 362 N.W.2d 15 Minn. Ct. App. 1985
Glick v. Commissioner of Public Safety 362 N.W.2d 15 Minn. Ct. App. 1985
Beyer v. Commissioner of Public Safety 358 N.W.2d 713 Minn. Ct. App. 1984
Beyer v. Commissioner of Public Safety 358 N.W.2d 713 Minn. Ct. App. 1984
Carlson v. Commissioner of Public Safety 357 N.W.2d 391 Minn. Ct. App. 1984
Carlson v. Commissioner of Public Safety 357 N.W.2d 391 Minn. Ct. App. 1984
-62 (Minn.1983); -16 (Minn.1981); State v. Quinn, 289 Minn. 184, 187-88
Tate v. Commissioner of Public Safety 356 N.W.2d 766 Minn. Ct. App. 1984
Tate v. Commissioner of Public Safety 356 N.W.2d 766 Minn. Ct. App. 1984
Bielejeski v. Commissioner of Public Safety 351 N.W.2d 664 Minn. Ct. App. 1984
Bielejeski v. Commissioner of Public Safety 351 N.W.2d 664 Minn. Ct. App. 1984
(quoting Watts, Some Observations on Police-Administered Tests for Intoxication, 45 N.C.L.Rev.
State v. Jensen 351 N.W.2d 29 Minn. Ct. App. 1984
State v. Jensen 351 N.W.2d 29 Minn. Ct. App. 1984
“This would seem to be almost incontrovertible proof not only that the chemicals are proper but that the instrument is in working order.” (quoting Watts, Some Observations on Police-Administered Tests for Intoxication, 45 N.C.L.Rev.
State v. Gross 335 N.W.2d 509 Minn. 1983
State v. Gross 335 N.W.2d 509 Minn. 1983
For a full discussion of the operation of the Breathalyzer brand breath testing machine