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CITY OF MINOT v. NELSON

Cr. No. 900150.

462 N.W.2d 460 (1990)

CITY OF MINOT, North Dakota, Plaintiff and Appellee, v. Michael W. NELSON, Defendant and Appellant.

Supreme Court of North Dakota.

November 13, 1990.

Attorney(s) appearing for the Case

Mark Ashley Flagstad (argued), Asst. States Atty., Minot, for plaintiff and appellee.

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

GIERKE, Justice.

After a conviction on a conditional plea of guilty pursuant to N.D.R.Crim.P. 11(a)(2), Michael Nelson appeals from an order denying a motion to dismiss a complaint of driving while under the influence of intoxicating liquor with a blood alcohol content in excess of .10% and to suppress a blood alcohol test, arguing that the officer did not have an articulable basis upon which to stop his vehicle. We reverse.

At approximately 2:30 a.m. on December...

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