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STATE v. MERTZ

Cr. No. 1006.

362 N.W.2d 410 (1985)

STATE of North Dakota, Plaintiff and Appellee, v. Lonny Lynn MERTZ, Defendant and Appellant.

Supreme Court of North Dakota.

February 13, 1985.

Attorney(s) appearing for the Case

Jay V. Brovold, State's Atty., Medora, for plaintiff and appellee State.

John E. Adams, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

Lonny Mertz appealed from the criminal judgment entered by the county court, Billings County, on February 27, 1984, convicting Mertz of driving a motor vehicle while under the influence of alcohol. We affirm.

At approximately 1:16 a.m. on September 3, 1983, Billings County Deputy Sheriff David Wallace stopped Lonny Mertz for a speeding violation on Interstate Highway 94 east of Fryburg. Officer Wallace's radar unit indicated that Mertz...

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