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CITY OF FARGO v. THOMPSON

Cr. Nos. 940008, 940009, 940010 to 940012.

520 N.W.2d 578 (1994)

CITY OF FARGO, Plaintiff and Appellant, v. William Noble THOMPSON, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Timothy Duane DORNHEIM, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Charles Herman BOMMERSBACH, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Christopher Michael FRANEK, Defendant and Appellee.

Supreme Court of North Dakota.

August 24, 1994.

Attorney(s) appearing for the Case

Thomas J. Gaughan, City Prosecutor, Fargo, for plaintiff and appellant.

Robin L. Olson, of Nelson Law Office, Fargo, for defendants and appellees.

SANDSTROM, Justice.

In City of Fargo v. Stutlien, 505 N.W.2d 738 (N.D.1993), we held illegal a court-ordered procedure for mandatory minimum periods of detention for all driving under the influence and actual physical control arrestees. But we reversed the dismissal of criminal prosecutions against the defendants charged in those cases, concluding absent "evidence that these minimum...

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