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STATE v. GROSS

No. C2-83-80.

335 N.W.2d 509 (1983)

STATE of Minnesota, Plaintiff, v. Darold John GROSS, Defendant.

Supreme Court of Minnesota.

July 1, 1983.

Attorney(s) appearing for the Case

John H. Erickson, Brainerd, for plaintiff.

Hubert H. Humphrey III, Atty. Gen., Norman B. Coleman and Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, Stephen C. Rathke, County Atty., Brainerd, for defendant.

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

AMDAHL, Chief Justice.

Defendant is being prosecuted in district court on a gross misdemeanor charge of aggravated DWI, Minn.Stat. § 169.121, subd. 3 (1982). The trial court denied a motion by defendant to suppress evidence of the result of a breath test indicating that defendant's blood alcohol concentration at the time of the arrest was .14%, and the court also denied a motion to dismiss. However, acting pursuant to Minn.R. Crim.P. 29.02, subd. 4, the trial...

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