Minnesota DWI Lawyer F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is Johnson v. Commissioner of Public Safety (Decided June 12, 2017, Minnesota Court of Appeals, Unpublished) which stands for the proposition that the Data Master breath tests results are admissible without antecedent expert testimony.  The case also stands for the proposition that if you choose to represent yourself in a DWI case, you have absolutely no chance of winning.

In January 2016, Johnson petitioned the district court for rescission of the revocation of his driver's license. The district court conducted an implied-consent hearing in late March 2016. Johnson appeared pro se. The commissioner called three witnesses: Officer Lasher, Officer Garcia, and Officer Hicks. Johnson testified but did not call any other witnesses. In July 2016, the district court issued an order sustaining the revocation and Mr Johnson appealed claiming the Data Master Breath test result  of .12 was unreliable.

The Minnesota Court of Appeals rejected Mr. Johnson's appeal noting:

"A driver may challenge the revocation of his or her driver's license by raising the following issue: "Was the testing method used valid and reliable and were the test results accurately evaluated?" Minn. Stat. § 169A.53, subd. 3(b)(10) (Supp. 2015). If a breath test is challenged, the commissioner has the initial burden of showing that the test is reliable and that its administration in the particular instance conformed to the procedure necessary to ensure reliability...If the commissioner satisfies the initial burden,[t]he driver must then produce evidence to impeach the credibility of the test results."

"Officer Hicks testified that he is a certified DataMaster operator, that he received training from the bureau of criminal apprehension (BCA), and that the DataMaster performed diagnostic tests within acceptable limits on the day in question. Johnson cross-examined Officer Hicks by asking him whether he is an "international scientist in measurement," a "doctor," or a "forensic scientist." Officer Hicks answered each question in the negative. Johnson concluded by asking Officer Hicks whether he "performed any diagnostic tests that would have recorded bias and uncertainties of your DataMaster machine?" Officer Hicks again answered in the negative."

"The district court noted the evidence that Officer Hicks is a

certified DataMaster operator and that he had received training and certification from the BCA. The district court also found that "nothing out of the ordinary occurred that would skew the reliability of the test results."

"On appeal, Johnson contends that the DataMaster is not accurate or reliable. He makes a few broad assertions in support of that contention, but he does not cite any evidence that was introduced at the implied-consent hearing. His cross-examination of Officer Hicks did not expose any particular reasons why the test results might not be accurate or reliable. Likewise, Johnson did not testify to the assertions that he makes in his appellate brief. His own testimony was very brief and was limited to introducing evidence that he was taking prescription medication on the day of his arrest. Given the scarcity of relevant evidence elicited by Johnson, we conclude that he failed to introduce any evidence that might "impeach the credibility of the test results." See Bielejeski, 351 N.W.2d at 666. Thus, the DataMaster test results are reliable."

Moral Of The Story:  Once again proving that if you choose to represent yourself, you have a fool for a client.

If you or a loved one have been arrested for a Minnesota DWI, feel free to contact Minnesota DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI questions.