STATE v. COLEMAN

No. A03-1827.

686 N.W.2d 325 (2004)

STATE of Minnesota, Respondent, v. Vincent Paul COLEMAN, Appellant.

Court of Appeals of Minnesota.

September 14, 2004.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and David K. Ross, Carson, Clelland & Schreder, Minneapolis, MN, for respondent.

Samuel A. McCloud, Carson J. Heefner, Shakopee, MN, for appellant.

Considered and decided by WILLIS, Presiding Judge; MINGE, Judge; and FORSBERG, Judge.


OPINION

MINGE, Judge.

Appellant argues that the district court erred in denying his motion to suppress the results of his blood test. He argues that once a police officer begins to administer a breath test, the officer does not have the discretion to terminate the test if the individual burps during the exam unless the machine reveals the presence of mouth alcohol. We affirm.

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