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STATE v. WERNER

No. A06-1378.

725 N.W.2d 767 (2007)

STATE of Minnesota, Appellant, v. Robert Joseph WERNER, Respondent.

Court of Appeals of Minnesota.

January 9, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN and Patrick W. Flanagan, Mower County Attorney, Jeremy Clinefelter, Assistant County Attorney, Austin, MN, for appellant.

Terence L. Maus, Tammy L. Shefelbine, O'Brien & Wolf, L.L.P., Rochester, MN, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge, KALITOWSKI, Judge, and WRIGHT, Judge.

OPINION

KLAPHAKE, Judge.

Respondent Robert Joseph Werner was lawfully stopped and arrested on an outstanding felony warrant on charges of tax evasion. As police spoke with Werner, they observed indicia of intoxication and, without first giving him a Miranda warning, asked if he had been drinking. Werner's affirmative response led to the administration of field sobriety, preliminary breath, and Intoxilyzer tests, all of which Werner failed. He was...

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