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CITY OF FARGO v. CASPER

Cr. Nos. 930255-930257.

512 N.W.2d 668 (1994)

CITY OF FARGO, Plaintiff and Appellant, v. Darren CASPER, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Erick T. JONES, Defendant and Appellee. CITY OF FARGO, Plaintiff and Appellant, v. Chad William PUNDSACK, Defendant and Appellee.

Supreme Court of North Dakota.

February 23, 1994.

Attorney(s) appearing for the Case

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

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for defendants and appellees; argued by Charles A. Stock, Fargo.

MESCHKE, Justice.

The City of Fargo appeals from a pretrial order barring evidentiary use of the results of three blood-alcohol tests. We dismiss the appeal.

Darren Casper, Erick Jones, and Chad Pundsack are charged with violating Fargo Municipal Code Section 8-0310 by driving under the influence of alcohol. They moved to suppress their blood-test results because the vacutainers used to draw their blood were not certified by the State Toxicologist. As an additional...

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