STATE v. NEIS

Cr. No. 900349.

469 N.W.2d 568 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. Larry David NEIS, Defendant and Appellant.

Supreme Court of North Dakota.

As Corrected May 10, 1991.


Attorney(s) appearing for the Case

Robin Huseby (argued), States Atty., Courthouse, Valley City, for plaintiff and appellee.

Weiss, Wright, Paulson & Merrick, Jamestown, for defendant and appellant; argued by James A. Wright.


MESCHKE, Justice.

Larry David Neis appeals his conviction of driving while under the influence of alcohol, arguing that the intoxilyzer test should have been suppressed because the arresting officer did not have a reasonable suspicion to stop him. We affirm.

On a summer evening in 1990, two Barnes County residents were driving home on a rural highway. For nearly three miles they followed a pickup driven by Neis. The pickup was traveling erratically—...

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