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STATE OF MINN., CITY OF BURNSVILLE v. JUAREZ

No. C7-83-1421.

345 N.W.2d 801 (1984)

STATE OF MINNESOTA, CITY OF BURNSVILLE, Appellant, v. Eugene JUAREZ, Respondent.

Court of Appeals of Minnesota.

March 21, 1984.

Attorney(s) appearing for the Case

Robert R. King, Grannis, Grannis, Campbell & Farrell, P.A., South St. Paul, for appellant.

George O. Ludcke, III, Best & Flanagan, Minneapolis, for respondent.

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

Considered and decided by FOLEY, P.J., and WOZNIAK and SEDGWICK, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This is an appeal from a pretrial order of the Dakota County Court suppressing the results of a breathalyzer test in a prosecution for driving while intoxicated (DWI) under Minn.Stat. § 169.121 (1982). The court held that collateral estoppel applied where the test results were suppressed in a prior ruling pursuant to Minn.Stat. § 169.123 (1982), the Implied Consent law. We reverse.

FACTS

Eugene Juarez was...

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