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STATE v. OTHOUDT

No. CX-90-2145.

482 N.W.2d 218 (1992)

STATE of Minnesota, Appellant, v. Richard William OTHOUDT, Respondent.

Supreme Court of Minnesota.

March 13, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Thomas D. Hayes, Sherburne County Atty., Dean E. Emanuel, Asst. County Atty., Elk River, for appellant.

D. Sherwood McKinnis, Parker, Satrom, O'Neil, Lindberg & McKinnis, Cambridge, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

GARDEBRING, Justice.

This case arises from the arrest of Richard Othoudt, in his home, for driving while under the influence of alcohol on January 30, 1990. Othoudt was charged with driving under the influence of alcohol within five years of a prior impaired driving conviction, in violation of Minn.Stat. § 169.121, subd. 1(a) and 3(b); refusal to submit to testing, in violation of Minn.Stat. § 169.121, subd. 1(a) and 3(c); and failure to...

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