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CITY OF BISMARCK v. HOFFNER

Cr. No. 1107.

379 N.W.2d 797 (1985)

CITY OF BISMARCK, Plaintiff and Appellee, v. James HOFFNER, Defendant and Appellant.

Supreme Court of North Dakota.

December 18, 1985.

Attorney(s) appearing for the Case

Paul H. Fraase, Asst. City Atty., Bismarck, for plaintiff and appellee.

Ralph A. Vinje of Vinje Law Firm, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

James Hoffner appealed from his conviction of driving with a blood-alcohol concentration of at least 0.10. We affirm.

On March 22, 1984, Hoffner was involved in a two-car accident. As a result of injuries received in the accident, he was taken to a hospital. While in the emergency room, an officer investigating the accident approached Hoffner. The officer told him that "he would probably—or, that he would be placed under arrest...

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