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STATE, DEP'T MTR. VEH. v. ROOT

No. 27708.

944 P.2d 784 (1997)

THE STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY, Appellant, v. Michael Allan ROOT, Respondent.

Supreme Court of Nevada.

August 28, 1997.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, and Matthew T. Dushoff and Jon M. Okazaki, Deputy Attorneys General, Carson City, for Appellant.

John G. Watkins, Las Vegas, for Respondent.

OPINION

PER CURIAM:

On April 13, 1993, Las Vegas Metropolitan Police Department Officer Kai Degner ("Degner") stopped and detained respondent Michael Allan Root ("Root") for suspicion of driving under the influence of alcohol. Degner testified that he gave Root a three-part field sobriety test and then asked Root to submit to a preliminary breath test. Degner testified that he gave Root three attempts to blow into the breath device, but Root responded...

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