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STATE OF MINNESOTA IN COURT OF APPEALS A08-0440 Travis Jonathan Schulz, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent. Filed February 10, 2009 Affirmed Larkin, Judge Sherburne County District Court File No. 71-CV-07-1086 Samuel A. McCloud, Carson J. Heefner, McCloud & Heefner, P.A., Suite 1000, Circle K, Box 216, Shakopee, MN 55379 (for appellant) Lori Swanson, Attorney General, Jeffrey S. Bilcik, Assistant Attorney General, 445 Minnesota Street, Bremer Tower, Suite 1800, St. Paul, MN 55101 (for respondent)

Considered and decided by Larkin, Presiding Judge; Hudson, Judge; and Collins, Judge. SYLLABUS A driver does not assert his right to an additional chemical test when the driver requests a test that is different from that which is offered by a peace officer, but does not request a test in addition to that which is offered by the peace officer.

Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,

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