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STATE v. SCHROEDER

Crim. No. 940088.

524 N.W.2d 837 (1994)

STATE of North Dakota, Plaintiff and Appellee, v. Dallas SCHROEDER, Defendant and Appellant.

Supreme Court of North Dakota.

December 2, 1994.

Attorney(s) appearing for the Case

Mark R. Boening, Asst. State's Atty., Fargo, for plaintiff and appellee.

Robin L. Olson, Evans & Olson, argued for Nelson Law Office, Fargo, for defendant and appellant.

VANDE WALLE, Chief Justice.

Dallas Schroeder appealed from a judgment of conviction for driving while under the influence of alcohol. We reverse and remand for further proceedings.

At about 10:30 p.m. on May 12, 1993, Schroeder was involved in a single-vehicle, motorcycle accident on an exit from Interstate 29 in Fargo. Schroeder suffered a head injury and was taken to the emergency room at Dakota Hospital, where he was treated by Dr. Robert Lane Tassin. Deputy...

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