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STATE v. HALLFIELDER

No. C6-85-1396.

375 N.W.2d 571 (1985)

STATE of Minnesota, Appellant, v. Jack Franklin HALLFIELDER, Respondent.

Court of Appeals of Minnesota.

Review Denied December 19, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Philip J. Sorenson, Asst. City Atty., William Dinan, Duluth City Atty., Duluth, for appellant.

Mark A. Munger, MacDonald, Munger & Downs, Duluth, for respondent.

Heard, considered and decided by POPOVICH, C.J., and WOZNIAK and HUSPENI, JJ.

OPINION

WOZNIAK, Judge.

This is an appeal by the State of Minnesota from a pretrial order preventing the State from charging respondent Jack Hallfielder with driving with an alcohol concentration of 0.10 or more. We affirm.

FACTS

Duluth police officers arrested Hallfielder for D.W.I. The intoxilyzer test for alcohol concentration resulted in one adequate sample of .216 and one deficient sample of .207. Hallfielder brought a motion seeking...

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