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KOTTKE v. COMMISSIONER OF PUBLIC SAFETY

No. C3-84-518.

357 N.W.2d 404 (1984)

Eugene R. KOTTKE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

November 13, 1984.

Attorney(s) appearing for the Case

Samuel A. McCloud, William A. Lanoue, Minneapolis, for appellant.

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

Heard, considered and decided by WOZNIAK, P.J., and FORSBERG and LESLIE, JJ.

OPINION

FORSBERG, Judge.

The Commissioner's revocation of appellant's driver's license was sustained by the trial court. The appeal questions the adequacy of foundation for admitting into evidence a breathalyzer test result. We affirm.

FACTS

Kottke was arrested on a DWI charge on February 11, 1983. His breath test was taken by a certified breathalyzer operator and recorded an alcohol concentration of .16.

The operator administered...

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