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STATE v. SOLBERG

Cr. No. 1129.

381 N.W.2d 197 (1986)

STATE of North Dakota, Plaintiff and Appellee, v. Bradley V. SOLBERG, Defendant and Appellant.

Supreme Court of North Dakota.

January 30, 1986.

Attorney(s) appearing for the Case

A. Fred Arnason, Asst. State's Atty., Grand Forks, for plaintiff and appellee State.

David C. Thompson, of Craft & Thompson, P.C., Fargo, for defendant and appellant.

VANDE WALLE, Justice.

Bradley Solberg appealed from a judgment of conviction of having "a blood alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after being in physical control of a vehicle." Sec. 39-08-01(2)(a), N.D.C.C. Solberg, prior to trial, moved to suppress the test results, arguing that he consented to the breath-alcohol test only on the condition that he also receive...

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