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OVERBY v. COMMISSIONER OF PUBLIC SAFETY

No. C8-85-1948.

386 N.W.2d 1 (1986)

Kevin Carl OVERBY, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

April 29, 1986.

Attorney(s) appearing for the Case

Samuel A. McCloud, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for appellant.

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

MEMORANDUM OPINION

LANSING, Judge.

FACTS

Kevin Overby was arrested for driving while under the influence of alcohol and consented to an Intoxilyzer test. Trooper Randy Bluhm, a certified Intoxilyzer operator, testified that Overby provided an adequate first sample with a reading of .199 and replicate of .206. Bluhm said that on the second sample Overby blew into the machine but did not sustain his breath for the required time and repeated this...

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