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STATE v. MILLER

Cr. No. 930160.

512 N.W.2d 469 (1994)

STATE of North Dakota, Plaintiff and Appellant, v. Bradley John MILLER, Defendant and Appellee.

Supreme Court of North Dakota.

February 23, 1994.

Attorney(s) appearing for the Case

Stephen R. Dawson (argued), Asst. State's Atty., Fargo, for plaintiff and appellant.

William Kirschner (argued), Kirschner Law Office, Fargo, for defendant and appellee.

NEUMANN, Justice.

The State has appealed from an order suppressing the result of a blood alcohol test. We dismiss the appeal.

Bradley John Miller was involved in a one-vehicle accident between 2 and 2:30 a.m. on October 27, 1992. When Cass County Deputy Sheriff Mike Grande arrived at the scene at 8:50 a.m., he noticed "an odor of an alcoholic beverage from" Miller. After Miller was transported to a hospital, Grande arrested him for driving while under the...

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