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STATE v. DRESSLER

Cr. No. 880090CA.

433 N.W.2d 549 (1988)

STATE of North Dakota, Plaintiff and Appellant, v. Nick E. DRESSLER, Defendant and Appellee.

Court of Appeals of North Dakota.

Review Denied February 10, 1989.

Attorney(s) appearing for the Case

Tom M. Henning (argued), Asst. State's Atty., Dickinson, for plaintiff and appellant.

Freed, Dynes, Reichert & Buresh, P.C., Dickinson, for defendant and appellee; argued by Ronald A. Reichert.

PER CURIAM.

The State of North Dakota has appealed from a county court order granting Nick E. Dressler's motion to suppress the results of blood and breath tests to determine the alcoholic content of his blood. We affirm.

At approximately 10:30 p.m. on December 1, 1987, Stark County Deputy Lawrence Kitzman arrested Dressler about seven miles north of Richardton for driving while under the influence of alcohol in violation of § 39-08-01, N.D.C.C.

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