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ROETTGER v. COMMISSIONER OF PUBLIC SAFETY

No. C1-01-328.

633 N.W.2d 70 (2001)

Broderick ROETTGER, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

September 11, 2001.

Attorney(s) appearing for the Case

Steven J. Meshbesher, Rory Patrick Durkin, Meshbesher & Associates, P.A., Minneapolis, MN, (for appellant).

Mike Hatch, Minnesota Attorney General, Sheila M. Fitzgerald, Assistant Minnesota Attorney General, St. Paul, MN, (for respondent).

Considered and decided by PETERSON, Presiding Judge, AMUNDSON, Judge and ANDERSON, Judge.

OPINION

G. BARRY ANDERSON, Judge

Appellant challenges the revocation of his driver's license, arguing that the district court (1) clearly erred by finding that the Intoxilyzer machine was in proper working order at the time of appellant's re-test; and (2) erred by concluding that the state met its prima facie burden of establishing that the Intoxilyzer machine was in proper working order and that appellant failed to meet his burden of establishing that the...

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