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STATE v. HORNING

No. C5-93-754.

535 N.W.2d 296 (1995)

STATE of Minnesota, Respondent, v. Douglas Dale HORNING, Petitioner, Appellant.

Supreme Court of Minnesota.

July 28, 1995.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Charlann E. Winking, Asst. State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Margaret Chutich, Asst. State Atty. Gen., St. Paul, and Roger S. Van Heel, Stearns County Atty., St. Cloud, for respondent

Dean S. Grau, MN Soc. for Crim. Justice, Minneapolis, for amicus curiae.

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

OPINION

GARDEBRING, Justice.

Appellant Douglas Horning was convicted of driving with a blood alcohol concentration of 0.10 or more in violation of Minn.Stat. § 169.121, subd. 1(d) (1992). The issue on appeal is whether, in a prosecution for driving with a blood alcohol concentration of 0.10 or more, the trial court erred in excluding evidence regarding Horning's "lack of impairment" prior to the administration of the Intoxilyzer test. The court of appeals...

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