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STATE v. ZINK

Cr. No. 930398.

519 N.W.2d 581 (1994)

STATE of North Dakota, Plaintiff and Appellant, v. Roger Eugene ZINK, Defendant and Appellee.

Supreme Court of North Dakota.

July 18, 1994.

Attorney(s) appearing for the Case

Kristine Jensen Paranica, Asst. State's Atty., Bismarck, for plaintiff and appellant.

Darold A. Asbridge, Bismarck, for defendant and appellee.

LEVINE, Justice.

The State appeals from the trial court's order dismissing the charge against Roger Zink. We reverse and remand.

Zink was charged in the alternative with driving with a blood-alcohol concentration of at least 0.10% or while under the influence of intoxicating liquor, in violation of NDCC § 39-08-01(1)(a) and (b). He moved to dismiss the charge, to suppress the blood-test results, or to continue the case, each on the ground that the chemist...

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