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360 N.W.2d 678

State v. Stotesbery

Court of Appeals of Minnesota

Decided January 22, 1985

Court of Appeals of Minnesota · decided 1985-01-22

Relies on Quimby v. State, Department of Public Safety

Decided 1985-01-22

¶1*679SUMMARY OPINION

PARKER, Judge.

¶2Following a jury trial on August 2, 1983, appellant was convicted of D.W.I. under Minn.Stat. § 169.121, subd. 1(d) (1982). On appeal he claims that the Commissioner of Public Safety failed to promulgate standards for the nurse who drew a blood sample from him. We affirm.

¶3DECISION

¶4Appellant’s contention was specifically addressed in Ouimby v. State, Department of Public Safety, 351 N.W.2d 629, 633 (Minn.1984), where the court held that “the training standards for those authorized to draw blood samples for later analysis for alcohol concentration promulgated by the Commissioner of Public Safety are sufficient to meet the statutory requirement.” His conviction, therefore, is affirmed.

¶5Affirmed.

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