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CITY OF MANDAN v. JEWETT

Cr. No. 930204.

517 N.W.2d 640 (1994)

CITY OF MANDAN, Plaintiff and Appellant, v. Robbie Allan JEWETT, Defendant and Appellee.

Supreme Court of North Dakota.

June 15, 1994.

Attorney(s) appearing for the Case

Janice Marie Lawhead, City Prosecutor, Mandan, for plaintiff and appellant.

Wayne D. Goter, Bismarck, for defendant and appellee.

SANDSTROM, Justice.

The City of Mandan appeals from a Morton County Court order dismissing a driving under the influence of intoxicating liquor charge against Robbie Allan Jewett. The county court dismissed the charge, concluding Jewett's right to counsel had been violated because the police had not allowed him to consult privately with his attorney.

We reverse and remand, holding the police gave Jewett a reasonable opportunity to consult with counsel in a...

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