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STATE v. BAUDER

Cr. No. 880131CA.

433 N.W.2d 552 (1988)

STATE of North Dakota, Plaintiff and Appellant, v. Keith W. BAUDER, Defendant and Appellee.

Court of Appeals of North Dakota.

December 12, 1988.

Attorney(s) appearing for the Case

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

William G. Goetz and Jeff Rotering (argued), Hettinger, for defendant and appellee. Appearance by William G. Goetz.

PER CURIAM.

The State has appealed from a county court order dismissing, for lack of probable cause, a charge against Keith W. Bauder of driving a motor vehicle while under the influence of alcohol in violation of § 39-08-01, N.D.C.C. We reverse.

At approximately 9:25 p.m. on October 28, 1987, Bauder's pickup struck the left rear wheels of a tractor-trailer. When Sgt. Donald Glarum of the North Dakota Highway Patrol arrived to investigate the accident...

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