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STATE v. WRIGHT

Cr. No. 870291.

426 N.W.2d 3 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Robert Louis WRIGHT, Defendant and Appellant.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Weiss, Wright & Paulson, Jamestown, for defendant and appellant; argued by James A. Wright.

Jerome L. Renner, State's Atty., Steele, for plaintiff and appellee. Submitted on brief; no appearance.

GIERKE, Justice.

Robert L. Wright (Wright) appeals from a conviction of driving with a blood alcohol content of 0.10% by weight or greater in violation of Section 39-08-01 of the North Dakota Century Code. We reverse.

On August 8, 1987, at approximately 12:16 a.m., Highway Patrolman Dal Yanke stopped Wright for speeding. Officer Yanke testified that while following the vehicle driven by Wright he observed it drift onto the right shoulder of the highway and...

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