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STATE v. BAXTER

No. 20140325.

885 N.W.2d 64 (2016)

2016 ND 181

STATE of North Dakota, Plaintiff and Appellee v. Kyle Lynn BAXTER, Defendant and Appellant.

Supreme Court of North Dakota.

September 15, 2016.

Attorney(s) appearing for the Case

Stark County State's Attorney's Office, Dickinson, N.D., for plaintiff and appellee.

Thomas F. Murtha IV , Dickinson, N.D., for defendant and appellant.

[¶ 1] A Stark County deputy sheriff stopped Kyle Baxter's vehicle after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of traffic, and almost hitting the curb. The deputy noticed a very strong odor of alcohol on Baxter and that he was lethargic and slow to respond to questions. After Baxter...

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