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STATE v. NYGAARD

Cr. No. 870364.

426 N.W.2d 547 (1988)

STATE of North Dakota, Plaintiff and Appellee, v. Daryl NYGAARD, Defendant and Appellant.

Supreme Court of North Dakota.

July 19, 1988.

Attorney(s) appearing for the Case

Weiss, Wright & Paulson, Jamestown, for defendant and appellant; argued by James A. Wright.

Vincent A. LaQua, State's Atty., Fessenden, for plaintiff and appellee. Submitted on brief; no appearance.

GIERKE, Justice.

Daryl Nygaard (Nygaard) appeals from a conviction of driving while under the influence of intoxicating liquor in violation of Section 39-08-01 of the North Dakota Century Code. We reverse and remand.

On June 14, 1987, at approximately 1:30 a.m., Highway Patrolman Darryl Bulzomi stopped Nygaard for speeding. Officer Bulzomi testified that while following the vehicle driven by Nygaard he observed it swerving within its own lane. Officer Bulzomi...

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