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STATE v. VIEVERING

No. C2-85-1802.

383 N.W.2d 729 (1986)

STATE of Minnesota, Appellant, v. Cynthia Marie VIEVERING, Respondent.

Court of Appeals of Minnesota.

Review Denied May 16, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Roger S. Van Heel, Stearns Co. Atty., Michael G. Blee, Asst. Co. Atty., St. Cloud, for appellant.

John T. Lund, Schmidt & Lund, St. Cloud, for respondent.

Heard, considered and decided by FORSBERG, P.J., and LANSING and RANDALL, JJ.

OPINION

LANSING, Judge.

The State appeals a pretrial order suppressing evidence and dismissing DWI charges against Cynthia Vievering. The trial court ruled the officer did not have sufficient reason to request a preliminary breath test. We reverse and remand for trial.

FACTS

On the evening of April 27, 1985, State Trooper Marvin Felderman was patrolling I-94 in Stearns County. He was accompanied by his supervisor, Lieutenant Roger Anhorn...

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