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HAEGELE v. COMMISSIONER OF PUBLIC SAFETY

No. C3-83-1822.

353 N.W.2d 704 (1984)

Jacob George HAEGELE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

August 28, 1984.

Attorney(s) appearing for the Case

Tristam O. Hage, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Linda F. Close, Donald J. Paquette, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Considered and decided by HUSPENI, P.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

Jacob Haegele appeals from an order of the municipal court sustaining revocation of Haegele's driver's license under the implied consent law, alleging the administration of a breathalyzer test did not conform to the procedure necessary to insure reliability of a test indicating an alcohol concentration of .16. We reverse.

FACTS

Haegele was arrested on a DWI charge. His breath test was taken by a certified breathalyzer...

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