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STATE, DEPT. OF PUBLIC SAFETY v. JUNCEWSKI

No. 51284.

308 N.W.2d 316 (1981)

STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, petitioner, Appellant, v. David Clarence JUNCEWSKI, Respondent.

Supreme Court of Minnesota.

July 17, 1981.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Genty & Eggert and Richard D. Genty, Winsted, for respondent.

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

SCOTT, Justice.

This matter involves an appeal1 from a three-judge district court appeals panel's order affirming the McLeod County Court's determination that respondent did not violate Minn.Stat. § 169.121, subd. 1(a) (1980). That statute reads:

It is a misdemeanor for any person to drive, operate or be in physical control of any motor vehicle within this state: (a) When the person is under the influence...

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