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STATE v. SCHIMMEL

Cr. No. 1182.

409 N.W.2d 335 (1987)

STATE of North Dakota, Plaintiff and Appellee, v. Roger SCHIMMEL, Defendant and Appellant.

Supreme Court of North Dakota.

June 30, 1987.

Attorney(s) appearing for the Case

James Twomey, Asst. State's Atty., Fargo, for plaintiff and appellee.

William Kirschner & Associates, Fargo, for defendant and appellant.

GIERKE, Justice.

Roger Schimmel (Schimmel) appeals his jury trial conviction for driving a vehicle upon a highway with a blood-alcohol concentration of at least ten one-hundredths of one percent (.10%) by weight at the time of the performance of a chemical test and within two hours after driving, a violation of § 39-08-01(1)(a), N.D.C.C. We affirm.

Schimmel alleges three errors occurred during his trial which mandate a reversal of his conviction and new...

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