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JASPER v. COMMISSIONER OF PUBLIC SAFETY

No. C1-00-2098.

642 N.W.2d 435 (2002)

James O. JASPER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Supreme Court of Minnesota.

April 18, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Sheridan, Strandemo & Sheridan, Eagan, MN, Appellant's Attorneys.

Mike Hatch, Attorney General, Jeffrey F. Lebowski, Assistant Attorney General, Joel A. Watne, Assistant Attorney General, St. Paul, MN, Respondent's Attorneys.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

James Jasper's driver's license was revoked by the Commissioner of Public Safety because Jasper drove with an alcohol concentration of 0.10 or greater. Jasper petitioned the district court for review of the commissioner's order of revocation arguing that evidence of his breath-test results was inadmissible because the instrument used to obtain the evidence, the Intoxilyzer 5000, Series 68-01, was not properly approved by the...

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