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STATE v. GANJE

Cr. No. 910131.

481 N.W.2d 227 (1992)

STATE of North Dakota, Plaintiff and Appellant, v. Bernard J. GANJE, Defendant and Appellee.

Supreme Court of North Dakota.

February 20, 1992.

Attorney(s) appearing for the Case

Glenn Dill III, Asst. State's Atty., Kenmare, for plaintiff and appellant.

Thomas K. Schoppert of Schoppert Law Firm, Minot, for defendant and appellee.

LEVINE, Justice.

The State appeals from an order of the Ward County Court dismissing a charge of driving under the influence of intoxicating liquor in violation of NDCC § 39-08-01. We reverse and remand.

Bernard Ganje was arrested on December 10, 1989, and charged with driving a motor vehicle under the influence of alcohol. Dan Pederson, of the State Toxicologist's office in Fargo, conducted the chemical analysis which determined Ganje's blood-alcohol...

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