STATE v. DALEY

No. C9-85-1912.

384 N.W.2d 539 (1986)

STATE of Minnesota, Appellant, v. Joseph W. DALEY, Respondent.

Court of Appeals of Minnesota.

April 1, 1986.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Steven Z. Lange, Scott A. Teplinsky, Minneapolis, for appellant.

James H. Kaster, Minneapolis, for respondent.

Considered and decided by LESLIE, P.J., PARKER and CRIPPEN, JJ., with oral argument waived.


OPINION

LESLIE, Judge.

The State appeals from a pretrial order ruling test results from an Intoxilyzer inadmissible at a DWI trial. We reverse.

FACTS

Joseph Daley was charged with DWI.1 At the omnibus hearing the testimony showed that Daley's first breath sample produced results of .196 and .197. A second sample disclosed a reading of .166 and .171. This was...

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