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STATE v. KARAU

No. C6-92-1403.

496 N.W.2d 416 (1993)

STATE of Minnesota, Respondent, v. Tony B. KARAU, Appellant.

Court of Appeals of Minnesota.

February 23, 1993.

Attorney(s) appearing for the Case

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

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Daniel A. Birkholz, Watonwan County Atty., Todd L. Kosovich, Asst. County Atty., St. James, for respondent.

Considered and decided by HUSPENI, P.J., PETERSON and FOLEY, JJ.

OPINION

HUSPENI, Judge.

Appellant seeks reversal of a judgment of conviction for DWI under Minn.Stat. § 169.121, subd. 1(c) (1990), alleging that the trial court erred in failing to suppress the results of appellant's breath test. We reverse.

FACTS

Appellant Tony Karau was stopped in the early morning hours of December 24, 1991, after police received a call that someone had driven off the road and damaged a fence. After failing the...

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