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STATE v. HART

No. 49392.

289 N.W.2d 478 (1979)

STATE of Minnesota, Respondent, v. Raymond Wesley HART, Jr., Appellant.

Supreme Court of Minnesota.

November 30, 1979.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and Richard D. Hodsdon, Sp. Asst. Atty. Gen., St. Paul, Sonya C. Steven, County Atty., Grand Rapids, Kent E. Nyberg, Bovey City Atty., Grand Rapids, for respondent.

Heard before PETERSON, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Raymond Wesley Hart, Jr. was operating his motorcycle in Bovey, Minnesota, in such a manner as to cause police pursuit. In the ensuing chase, Hart lost control of his motorcycle and was rendered unconscious. He was taken to the hospital where a blood sample was taken at the direction of police officers. He was subsequently convicted of driving with a blood alcohol content in excess of .10 percent based on the test results of the blood sample. His conviction...

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