MEMORANDUM OPINION
SEDGWICK, Judge.
Respondent Scott Banning was charged with driving under the influence of alcohol, a misdemeanor, after his Intoxilizer breath test showed a .12 blood alcohol content. Minn.Stat. § 169.121, subd. 1 (1986). After Banning pleaded not guilty, the State learned he had been convicted of driving under the influence within the past two years. The State therefore moved to dismiss the complaint so that it could charge him with...
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