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STATE v. ENGELHORN

No. 20160058.

883 N.W.2d 852 (2016)

2016 ND 167

STATE of North Dakota, Plaintiff and Appellant v. Chris ENGELHORN, Defendant and Appellee.

Supreme Court of North Dakota.

August 22, 2016.

Attorney(s) appearing for the Case

Ladd R. Erickson , State's Attorney, Washburn, N.D., for plaintiff and appellant.

Andrew J.Q. Weiss , Mandan, N.D., for defendant and appellee; submitted on brief.

[¶ 1] The State appeals after the district court ruled the State could not use a defendant's horizontal gaze nystagmus (HGN) test results as evidence of impairment in a jury trial for actual physical control of a vehicle while under the influence of alcohol. We reverse, concluding the court misapplied the law regarding the...

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