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STATE v. EGAN

No. 980219.

591 N.W.2d 150 (1999)

1999 ND 59

STATE of North Dakota, Plaintiff and Appellee v. Benjamin J. EGAN, Defendant and Appellant

Supreme Court of North Dakota.

April 6, 1999.

Attorney(s) appearing for the Case

Bruce A. Romanick, Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Chad R. McCabe, of Vinje Law Firm, Bismarck, ND, for defendant and appellant.

MARING, Justice.

[¶ 1] Benjamin J. Egan appealed from a conviction entered upon a jury verdict finding him guilty of driving under suspension. We hold the trial court erred in refusing to allow Egan to present evidence that he did not receive a notice of opportunity for hearing on his license suspension and in refusing to instruct the jury on that issue. We reverse and remand for further proceedings.

[¶ 2] On August 7, 1997, Egan, a licensed North...

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