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STATE v. SHIFFLET

No. C5-96-526.

556 N.W.2d 224 (1996)

STATE of Minnesota, Respondent, v. Mark Stephen SHIFFLET, Appellant.

Court of Appeals of Minnesota.

November 26, 1996.

Attorney(s) appearing for the Case

Samuel A. McCloud, Kelly Vince Griffitts, Shakopee, for Appellant.

Hubert H. Humphrey, III, Attorney General, St. Paul, for Respondent.

Michael T. Norton, Acting Minneapolis City Attorney, Karen S. Herland, Asst. City Attorney, Minneapolis, for Respondent.

Considered and decided by AMUNDSON, P.J., and HUSPENI and RANDALL, JJ.

OPINION

HUSPENI, Judge.

Appellant Mark Shifflet challenges the trial court's ruling to admit Intoxilyzer test results in a criminal DWI proceeding on grounds that the police prevented him from obtaining an independent test in violation of Minn.Stat. § 169.123, subd. 3 (1994). Because we conclude that compliance with Minn.Stat. § 169.123, subd. 3 is required in a criminal proceeding, we reverse.

FACTS

Appellant was arrested for...

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