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STATE v. BOEHM

No. 20140045.

849 N.W.2d 239 (2014)

2014 ND 154

STATE of North Dakota, Plaintiff and Appellant, v. Kyle William BOEHM, Defendant and Appellee.

Supreme Court of North Dakota.

July 17, 2014.

Attorney(s) appearing for the Case

Justin M. Balzer , Morton County Assistant State's Attorney, Mandan, ND, for plaintiff and appellant.

Thomas M. Tuntland , Mandan, ND, for defendant and appellee.

McEVERS, Justice.

[¶ 1] The State appeals from the district court's order granting Kyle Boehm's motion to suppress blood test results. We reverse and remand for further proceedings.

I

[¶ 2] On September 1, 2013, at approximately 12:39 a.m., a Morton county deputy was traveling east when he observed a vehicle traveling west on the same road accelerate past him at a high rate of speed. The deputy's radar detected the vehicle was traveling...

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