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STATE v. RAMBOUSEK

Cr. No. 1017.

358 N.W.2d 223 (1984)

STATE of North Dakota, Plaintiff and Appellant, v. Timothy RAMBOUSEK, Defendant and Appellee.

Supreme Court of North Dakota.

November 28, 1984.

Attorney(s) appearing for the Case

Ronald L. Hilden, Asst. State's Atty., Dickinson, for plaintiff and appellant; argued by Ronald L. Hilden, Asst. State's Atty., Dickinson.

Thomas D. Ewing, Dickinson, for defendant and appellee; argued by Thomas D. Ewing, Dickinson.

ERICKSTAD, Chief Justice.

The State appeals from an order of the County Court of Stark County suppressing the results of a Breathalyzer test administered to Timothy Rambousek. Rambousek has filed a motion with this Court to dismiss the State's appeal. We deny the motion and reverse the county court's suppression order.

On January 1, 1984, at about 1:40 a.m., Rambousek was stopped by North Dakota Highway Patrolman...

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