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STATE, DEPT. OF PUBLIC SAFETY v. HABISCH

No. 81-410.

313 N.W.2d 13 (1981)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Petitioner, v. James Edward HABISCH, Respondent.

Supreme Court of Minnesota.

December 11, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and James Early, Spec. Asst. Atty. Gen., St. Paul, for petitioner.

Samuel A. McCloud, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

This appeal reviews a license revocation hearing under the implied consent law, Minn.Stat. § 169.123 (1978), and raises the issue of whether the trial court was correct in concluding that the state had established sufficient foundation for admitting the results of a Breathalyzer test.1 That test placed defendant's blood alcohol content at .16%. The district court reversed...

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