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State of Minnesota, Respondent, vs. Michal James Berger, Appellant. A19-0636, Court of Appeals Unpublished, December 14, 2020
Appellant Michal James Berger was convicted of fourth-degree driving while under the influence of a controlled substance. Although initially stopped for leaving a park after hours, Berger was released because law enforcement did not believe he was under the influence. It was only after Berger went to the jail to pick up his passenger who had been arrested during the stop that he was suspected to be under the influence and placed under arrest as well. Because the evidence does not prove beyond a reasonable doubt that Berger was under the influence of a controlled substance while driving, we reverse.
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