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KNAPP v. COMMISSIONER OF PUBLIC SAFETY

No. CX-98-2163.

610 N.W.2d 625 (2000)

Michael KNAPP, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Supreme Court of Minnesota.

April 20, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Michael R. Pahl, Assistant Attorney General, St. Paul, for appellant.

Alan J. Albrecht, Brooklyn Center, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

STRINGER, Justice.

Early in the morning of June 30, 1998, two Wright County sheriff's deputies were dispatched to check on the welfare of a person, later determined to be Michael Knapp (respondent), sleeping in the back seat of a parked car with the engine running. When respondent failed a preliminary breath test (PBT) administered by the deputy arriving first at the scene, he was warned by the deputy not to drive. A short time later, a second deputy...

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