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IN RE COM'R OF PUBLIC SAFETY

No. A06-1000.

735 N.W.2d 706 (2007)

In re COMMISSIONER OF PUBLIC SAFETY, Petitioner. Dale Lee Underdahl, Respondent, v. Commissioner of Public Safety, Appellant.

Supreme Court of Minnesota.

July 26, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Ken B. Peterson, Deputy Attorney General, Jeffrey F. Lebowski, Peter D. Magnuson, Assistant Attorneys General, St. Paul, MN, for Appellant.

Jeffrey S. Sheridan, Strandemo, Sheridan & Dulas, P.A., Eagan, MN, for Respondent.

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

OPINION

PAGE, Justice.

Respondent Dale Lee Underdahl was arrested for driving while intoxicated and submitted to a breath test using the Minnesota model of the Intoxilyzer 5000EN (hereinafter, Intoxilyzer 5000EN). At his implied consent hearing, Underdahl made a discovery motion that included, among the items sought, the "complete computer source code for the [Intoxilyzer 5000EN] currently in use in the State...

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