STATE v. SIVESIND

Cr. No. 880189.

439 N.W.2d 530 (1989)

STATE of North Dakota, Plaintiff and Appellee, v. C.J. SIVESIND, Defendant and Appellant.

Supreme Court of North Dakota.

April 19, 1989.


Attorney(s) appearing for the Case

Schoppert Law Firm, Minot, for defendant and appellant; argued by Thomas K. Schoppert, Minot.

Joseph H. Kubik, States Atty., Dickinson, for plaintiff and appellee. Submitted on brief; no appearance.


GIERKE, Justice.

This is an appeal by C.J. Sivesind from a conviction of driving while under the influence of intoxicating liquor in violation of Section 39-08-01 of the North Dakota Century Code. We reverse and remand.

On the evening of August 18, 1987, Officer Wallace stopped a vehicle for speeding on Highway 8 north of Halliday, North Dakota. Officer Wallace asked the driver, Sivesind, to step out of the vehicle. Officer Wallace observed that Sivesind staggered...

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