STATE v. WAGNER

No. C9-01-903.

637 N.W.2d 330 (2001)

STATE of Minnesota, Appellant, v. Jeremy Patrick WAGNER, Respondent.

Court of Appeals of Minnesota.

December 26, 2001.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Christopher D. Karpan, Douglas County Attorney, Marcia G. Bremer, Assistant Douglas County Attorney, Douglas County Courthouse, Alexandria, for appellant.

John J. Kastner, Jr., Gerald Miller & Associates, P.A., Minneapolis, for respondent.

Considered and decided by RANDALL, Presiding Judge, AMUNDSON, Judge, and KLAPHAKE, Judge.


OPINION

R.A. RANDALL, Judge.

The state challenges a pretrial order suppressing evidence of respondent's intoxication and dismissing the gross-misdemeanor driving-while-intoxicated complaint. The state argues (1) that the district court erred in ruling that the trooper, who saw respondent's vehicle drive on the shoulder of the road, then cross the center line, then speed up as if to evade the officer, did not have articulable suspicion supporting the stop...

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