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CITY OF BISMARCK v. PRESTON

Cr. No. 1075.

374 N.W.2d 602 (1985)

CITY OF BISMARCK, Plaintiff and Appellee, v. Roy PRESTON, Defendant and Appellant.

Supreme Court of North Dakota.

October 1, 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.

This action involves the admission of evidence of an alcohol breath test at a court trial. The lower court admitted the test result as circumstantial evidence of Roy Preston's intoxication, and Preston takes exception to the use of the evidence. We affirm.

On April 19, 1984, at approximately 8 p.m., Joseph and Vicky Mills observed Roy Preston operating his vehicle in an erratic and dangerous manner. Preston backed into the Millses' vehicle...

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