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CITY OF FARGO v. RUETHER

Cr. No. 920079.

490 N.W.2d 481 (1992)

CITY OF FARGO, Plaintiff and Appellant, v. Michael Gregory RUETHER, Defendant and Appellee.

Supreme Court of North Dakota.

October 1, 1992.

Attorney(s) appearing for the Case

Thomas J. Gaughan (argued), City Atty., Fargo, for plaintiff and appellant.

Peter Eric Karlsson (argued), Moorhead, for defendant and appellee.

MESCHKE, Justice.

The City of Fargo appeals from an order suppressing evidence of the results of a roadside alcohol-screening test. We affirm.

In the early morning hours of December 2, 1991, a vehicle driven by Michael Ruether was involved in a collision with a Fargo police car. After Ruether failed two of five field sobriety tests, he was given an A.L.E.R.T. alcohol-screening test.

A.L.E.R.T. is an acronym for Alcohol Level Evaluation Roadside Tester...

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