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WEIERKE v. COMMISSIONER OF PUBLIC SAFETY

No. C9-97-1740.

578 N.W.2d 815 (1998)

John Paul WEIERKE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

June 2, 1998.

Attorney(s) appearing for the Case

Richard L. Swanson, Chaska, for appellant.

Hubert H. Humphrey III, Attorney General, Joel A. Watne, Assistant Attorney General, for respondent.

Considered and decided by PETERSON, P.J., and LANSING and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

John Paul Weierke, appealing from a trial court order sustaining the revocation of his driver's license, challenges the lawfulness of the Intoxilyzer test of a sample that exceeded the minimum adequate sample. We affirm.

FACTS

After his arrest for DWI in June 1997, appellant submitted to an Intoxilyzer test and gave two adequate breath samples producing readings of .132, .136, .134, and .135 and a reported value...

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