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STATE v. ZUMMACH

Cr. No. 900198.

467 N.W.2d 745 (1991)

STATE of North Dakota, Plaintiff and Appellee, v. Susan Kay ZUMMACH, Defendant and Appellant.

Supreme Court of North Dakota.

April 2, 1991.

Attorney(s) appearing for the Case

Mark R. Boening, Asst. S. Atty. (argued), Fargo, for plaintiff and appellee.

Nelson Law Office, Fargo, for defendant and appellant; argued by Cash H. Aaland.

GIERKE, Justice.

Susan Kay Zummach appeals from a judgment of conviction finding her guilty of driving a motor vehicle while having a blood alcohol concentration of at least .10%. We reverse.

On January 16, 1990, Zummach was stopped by Deputy DuWayne Nitschke after he observed Zummach driving her vehicle partially on the shoulder of Cass County Highway 20. In speaking with Zummach, the Deputy noticed an odor of alcohol about her, that her eyes were bloodshot...

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