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STATE v. RADER

No. CX-98-2177.

597 N.W.2d 321 (1999)

STATE of Minnesota, Respondent, v. Robert Allan RADER, Appellant.

Court of Appeals of Minnesota.

July 20, 1999.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, for respondent.

Clayton M. Robinson, Jr., St. Paul City Attorney, Joel A. Franklin, Assistant City Attorney, St. Paul, for respondent.

Samuel A. McCloud, Kelly Vince Griffitts, Carson James Heefner, Shakopee, for appellant.

Considered and decided by RANDALL, Presiding Judge, DAVIES, Judge, and FOLEY, Judge.

OPINION

DAVIES, Judge

Appellant argues that his conviction for gross misdemeanor driving with an alcohol concentration of .10 or more should be reversed because the state failed to prove beyond a reasonable doubt that his alcohol concentration was above .10 at the point the Intoxilyzer registered an adequate sample. Appellant also argues that his substantive and procedural due process rights were violated when he was required to continue blowing into the...

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