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STATE v. FITTERER

No. 20020076.

652 N.W.2d 908 (2002)

2002 ND 170

STATE of North Dakota, Plaintiff and Appellee, v. Larry FITTERER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied December 4, 2002.

Attorney(s) appearing for the Case

Michael R. Hoffman, Bismarck, N.D., for defendant and appellant.

Leann K. Bertsch, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.

NEUMANN, Justice.

[¶ 1] Larry Fitterer appeals the trial court's dismissal of his motion to suppress and the subsequent judgment based on a jury's verdict finding him guilty of driving under the influence of intoxicating liquor. We reverse and remand with instructions.

I

[¶ 2] On September 14, 2001, the North Dakota Highway Patrol stopped Larry Fitterer at a sobriety checkpoint and charged him with driving under the influence of intoxicating...

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