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STATE v. KIENAST

No. C8-83-1234.

357 N.W.2d 390 (1984)

STATE of Minnesota, Appellant, v. Charles William KIENAST, Respondent.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Frederick S. Suhler, Jr., Rochester City Atty., Douglas J. Gregor, Asst. City Atty., Rochester, for appellant.

Mark G. Stephenson, Petersen & Stephenson, Rochester, for respondent.

Heard, considered and decided by POPOVICH, C.J., and PARKER and LANSING, JJ.

OPINION

LANSING, Judge.

The State of Minnesota appeals from a pretrial order suppressing the results of a breath test, given after respondent's arrest for driving while under the influence of alcohol in violation of Minn.Stat. § 169.121 (1982 & Supp.1983). The trial court found the test results inadmissible on the ground that the Commissioner of Public Safety had failed to promulgate standards sufficient to establish and evaluate the training of...

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