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STATE v. NODLAND

Cr. No. 920036.

493 N.W.2d 697 (1992)

STATE of North Dakota, Plaintiff and Appellee, v. Randolph NODLAND, Defendant and Appellant.

Supreme Court of North Dakota.

December 14, 1992.

Attorney(s) appearing for the Case

Allen M. Koppy (argued), State's Atty., Mandan, for plaintiff and appellee.

Nodland & Dickson, Bismarck, for defendant and appellant; argued by Thomas A. Dickson, Bismarck.

JOHNSON, Justice.

Randolph Nodland appeals from a county court criminal judgment and jury verdict finding him guilty of driving a motor vehicle with a blood alcohol concentration of .10 percent or greater. We conclude that the trial court abused its discretion in denying Nodland's motion for a continuance, and we reverse and remand for a new trial.

On April 27, 1991, Duane Armstrong, North Dakota Highway Patrol, arrested Nodland for driving with a blood alcohol...

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