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CITY OF JAMESTOWN v. ERDELT

Cr. No. 930132.

513 N.W.2d 82 (1994)

CITY OF JAMESTOWN, Plaintiff and Appellant, v. Jennifer R. ERDELT, Defendant and Appellee.

Supreme Court of North Dakota.

March 8, 1994.

Attorney(s) appearing for the Case

Lawrence P. Kropp (argued), City Prosecutor, Jamestown, for plaintiff and appellant.

Darold A. Asbridge, P.C. (argued), Bismarck, for defendant and appellee.

MESCHKE, Justice.

The City of Jamestown appeals from an order dismissing a DUI charge against Jennifer Erdelt because the City illegally jailed her without bond after she was arrested. We affirm.

I.

At about 1:00 a.m. on April 24, 1992, Jennifer Erdelt was arrested for driving under the influence of alcohol. The arresting officer told Erdelt "she would be detained in the Stutsman County Corrections Center for a period of eight hours and be required...

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