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STATE v. FRANK

Crim. No. 980.

350 N.W.2d 596 (1984)

STATE of North Dakota, Plaintiff and Appellant, v. David Richard FRANK, Defendant and Appellee.

Supreme Court of North Dakota.

May 31, 1984.

Attorney(s) appearing for the Case

Keith Reisenauer, Asst. State's Atty., Fargo, for plaintiff and appellant State of N.D.

Kenneth A. Olson (argued), and Frank L. Racek, Fargo, for defendant and appellee.

VANDE WALLE, Justice.

The State appealed from an order and amended order of the county court, Cass County, suppressing the results of a blood-alcohol test given to David Frank, who was charged with driving while under the influence of alcohol. We affirm.

On May 13, 1983, at about 11:30 p.m., Frank was involved in a rear-end collision while driving on a highway. Officer Gerald Olson of the North Dakota Highway Patrol, who arrived at the scene of the accident...

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