CITY OF FARGO v. STUTLIEN

Crim. Nos. 930026 to 930033.

505 N.W.2d 738 (1993)

CITY OF FARGO, Plaintiff and Appellant, v. Sally A. STUTLIEN, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Christopher Michael FRANEK, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Charles BOMMERSBACH, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Timothy Duane DORNHEIM, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. William Noble THOMPSON, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Michael John SYVERTSON, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Jeffrey Merlin MADISON, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Clair Luverne HOWARD, Defendant and Appellee.

Supreme Court of North Dakota.

September 8, 1993.


Attorney(s) appearing for the Case

Thomas J. Gaughan, Asst. City Atty., Fargo, for plaintiff and appellant.

Brian W. Nelson, Fargo, for defendants and appellees.


SANDSTROM, Justice.

These are consolidated appeals by the City of Fargo from a county court order dismissing driving while under the influence charges against Sally Stutlien, Christopher Franek, Charles Bommersbach, Timothy Dornheim, William Thompson, Michael Syvertson, Jeffrey Madison, and Clair Howard (collectively referred to as defendants). We reverse and remand for further proceedings.

I

On December 10, 1990, Fargo Municipal Court Judge Thomas...

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