State v. Poupard

OPINION

HUSPENI, Judge.

Appellant State of Minnesota challenges the trial court’s pre-trial dismissal of one count of carrying a pistol without a permit. Minn.Stat. § 624.714, subd. 1 (1990). We reverse and remand for trial.

FACTS

On May 3, 1990, a state highway patrolman stopped a Cadillac driven by respondent Donald J. Poupard after observing the vehicle make a number of lane changes without signaling. The officer, after noting signs of alcohol consumption, administered a consensual preliminary breath test. Respondent failed the breath test and performed poorly on field sobriety tests. Based on…