State v. Stoskopf

OPINION

R.A. RANDALL, Judge.

Appellant challenges his conviction for driving in violation of the no-alcohol restriction on his driver’s license. Appellant argues that the results of a preliminary breath test should be suppressed because appellant was not given the implied-consent advisory before the test was administered. We affirm.

FACTS

On February 17, 2001, around 3:00 p.m., Sergeant Dean Smith of the Minnesota State Highway Patrol observed appellant Daniel Stoskopfs vehicle driving over the speed limit. Smith stopped Stoskopf a short distance later. Smith approached Stoskopfs car and smelled…