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STATE v. STERLING

No. A09-418.

782 N.W.2d 579 (2010)

STATE of Minnesota, Respondent, v. Robert William STERLING, Appellant.

Court of Appeals of Minnesota.

May 18, 2010.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, and LaMar Piper, Watonwan County Attorney, Kevin C. Lin, Assistant County Attorney, St. James, MN, for respondent.

Allen P. Eskens, Eskens Gibson and Behm Law Firm, Mankato, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; STONEBURNER, Judge; and HARTEN, Judge.

OPINION

HARTEN, Judge.*

After being charged with two counts of fourth-degree driving while impaired (DWI), appellant moved to dismiss the charges on the ground that the deputy sheriff unlawfully requested him to give a urine sample after he had provided breath samples for an Intoxilyzer test. His motion was denied. Under the procedure set out in Minn. R.Crim. P. 26.01, subd. 4, appellant acknowledged that the denial of his motion...

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