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YOUNG v. COMMISSIONER OF PUBLIC SAFETY

No. C7-86-2082.

408 N.W.2d 212 (1987)

Brian Walter YOUNG, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

Review Granted August 26, 1987.

Attorney(s) appearing for the Case

Samuel A. McCloud, Dean S. Grau, Alex Andrea, Minneapolis, for appellant.

Hubert H. Humphrey III, Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard, considered, and decided by RANDALL, P.J., and WOZNIAK and NIERENGARTEN, JJ.

OPINION

WOZNIAK, Judge.

Young appeals from an order sustaining revocation of his driver's license. We reverse.

FACTS

Young was arrested for driving while under the influence and agreed to take a breath test. Young was observed for the recommended 15-20 minutes before the test was administered. The Intoxilyzer performed an internal diagnostic procedure, which indicated the machine was functioning properly. The air blank and calibration standard...

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