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STATE v. NESET

Crim. No. 900203.

462 N.W.2d 175 (1990)

STATE of North Dakota, Plaintiff and Appellant, v. Douglas NESET, Defendant and Appellee.

Supreme Court of North Dakota.

October 31, 1990.

Attorney(s) appearing for the Case

Jonathan R. Byers (argued), Asst. State's Atty., Stanley, for plaintiff and appellant.

Schoppert Law Firm, Minot, for defendant and appellee; Thomas K. Schoppert (argued).

ERICKSTAD, Chief Justice.

The State of North Dakota appeals from an Order Granting Defendant's Motion to Dismiss issued on May 3, 1990, by the County Court for Mountrail County. We reverse.

On December 3, 1989, Douglas Neset was stopped by the North Dakota Highway Patrol, and thereafter cited for driving under the influence of alcohol. A trial by jury was commenced on May 3, 1990. At trial, after examination of the arresting officer, Neset moved to "dismiss...

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