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STATE v. BANKEN

No. A04-477.

690 N.W.2d 367 (2004)

STATE of Minnesota, Respondent, v. Jeremy Q. BANKEN, Appellant.

Court of Appeals of Minnesota.

December 28, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Brendan J. Flaherty, Elliott B. Knetsch, Campbell Knutson Scott & Fuchs, Eagan, MN, for respondent.

Charles A. Ramsay, Ramsay, Devore & Olson, P.A., Roseville, MN, for appellant.

Considered and decided by SCHUMACHER, Presiding Judge; MINGE, Judge; and CRIPPEN, Judge.

OPINION

MINGE, Judge.

Appellant challenges his conviction of driving while impaired, arguing that a test administered more than two hours after driving cannot be used as evidence to convict him for having an alcohol concentration of .10 or more as measured within two hours of driving under Minn.Stat. § 169A.20, subd. 1(5) (2000). Because the statutory language is ambiguous and because other analysis supports a reading which allows a test taken more...

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