State, City of St. Louis Park v. Quinn

Murphy, Justice.

Appeal from a judgment of conviction of driving while under the influence of an alcoholic beverage, Minn. St. 169.121, subd. 1, and an order denying defendant’s motion for a new trial. Defendant seeks reversal on the ground that a blood test for determination of intoxication was not made available to him and that evidence of intoxication derived from a breathalyzer test should not have been received in evidence.

From the record it appears that, about 1:45 a. m. on May 22, 1969, defendant was observed by a St. Louis Park police officer operating an automobile at an excessive…