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CITY OF FARGO v. HECTOR

Cr. No. 940325.

534 N.W.2d 821 (1995)

CITY OF FARGO, Plaintiff and Appellee, v. Martin Sewall HECTOR, Defendant and Appellant.

Supreme Court of North Dakota.

July 27, 1995.

Attorney(s) appearing for the Case

Brian W. Nelson, Fargo, for defendant and appellant.

Steven E. Noack, Asst. City Atty., Fargo, for plaintiff and appellee.

SANDSTROM, Justice.

We are asked to decide whether a charge of exhibition driving and a later charge of driving under the influence places a defendant in double jeopardy. We hold the noncriminal exhibition driving charge and the criminal driving under the influence charge do not violate the Double Jeopardy Clause.

I

On March 21, 1994, Fargo police officers saw two men walking in downtown Fargo. One man helped the other to a nearby car. As the car...

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