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CITY OF LANGDON v. DELVO

Crim. No. 1151.

390 N.W.2d 51 (1986)

The CITY OF LANGDON, Plaintiff and Appellee, v. Jon David DELVO, Defendant and Appellant.

Supreme Court of North Dakota.

July 16, 1986.

Attorney(s) appearing for the Case

Cameron D. Sillers, State's Atty., Langdon, for plaintiff and appellee.

Fleming & DuBois, Cavalier, for defendant and appellant; argued by Neil W. Fleming.

LEVINE, Justice.

In this appeal from a jury verdict finding Jon David Delvo guilty of driving while under the influence (DUI), we conclude that the trial court did not err in admitting into evidence intoxilyzer test results, or in refusing to submit to the jury the question of probable cause.

At 6:45 a.m., while returning from a graduation party, Delvo fell asleep at the wheel and collided with the rear end of another vehicle. Delvo transported the other driver...

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