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STATE v. KAMONI

Cr. No. 1062.

358 N.W.2d 524 (1984)

STATE of North Dakota, Plaintiff, v. Wayne A. KAMONI, Defendant.

Supreme Court of North Dakota.

November 28, 1984.

Attorney(s) appearing for the Case

Gail Hagerty, States Atty., Bismarck, for plaintiff; argued by Charles Whitman, Asst. States Atty.

Baer & Asbridge, Bismarck, for defendant; argued by Darold Asbridge, Bismarck.

PEDERSON, Justice.

Wayne Allen Kamoni was charged with driving while under the influence of intoxicating liquor in violation of § 39-08-01, NDCC. He promised to appear before the Burleigh County Court on January 18, 1984 at 9 a.m. The record discloses no further action until September 17, 1984 when Kamoni moved to suppress the results of a breathalyzer test. The State resisted and thereafter, on October 8, 1984, the judge denied the motion.

On October...

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