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GRUND v. COMMISSIONER OF PUBLIC SAFETY

No. C8-83-1265.

359 N.W.2d 652 (1984)

Kenneth Doran GRUND, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

December 24, 1984.

Attorney(s) appearing for the Case

John S. Connolly, St. Paul, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Joel A. Watne, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ., with oral argument waived.

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

Appellant Kenneth Grund's driver's license revocation was sustained by the trial court following an implied consent hearing. Appellant's license was revoked by the Commissioner of Public Safety following his arrest for DWI and a subsequent analysis of his blood alcohol concentration at .10. On appeal appellant claims (1) a tolerance of 5 percent exists in the testing procedure so the result could have...

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