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CITY OF FARGO v. BERNTSON

Crim. No. 930089.

505 N.W.2d 747 (1993)

CITY OF FARGO, Plaintiff and Appellant v. Randy Lee BERNTSON, 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.

Leslie D. Johnson, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

The City of Fargo appealed from a county court order dismissing a charge of driving while under the influence against Randy Berntson. We affirm.

On December 10, 1990, the Fargo Municipal Court issued a "release from custody" order establishing "minimum periods of detention" for individuals arrested in Fargo for driving while under the influence of intoxicating liquor:

"A DUI/APC defendant who refuses a blood alcohol test...

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