State v. Zink
North Dakota Supreme Court
1Opinion of the Court
LEVINE, Justice.
The State appeals from the trial court’s order dismissing the charge against Roger Zink. We reverse and remand.
Zink was charged in the alternative with driving with a blood-alcohol concentration of at least 0.10% or while under the influence of intoxicating liquor, in violation of NDCC § 39 — 08—01(l)(a) and (b). He moved to dismiss the charge, to suppress the blood-test results, or to continue the case, each on the ground that the chemist who analyzed Zink’s blood, James Hidding, had moved from North Dakota and was unavailable to testify. The State offered the results of a…
2Cases cited13 opinions
- Yolanda and Terrence Ballou, Etc., Lula Mae Leblanc, Etc., Cross-Appellant v. Henri Studios, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1981
- State v. JordheimNorth Dakota Supreme Court · 1993
- United States v. Douglas W. Albert, Bennard D. Jackson, Gilbert Gonzalez, Jesse C. Smith, John J. Davis and Richard Y. GarciaCourt of Appeals for the Fifth Circuit · 1979
- State v. KimballNorth Dakota Supreme Court · 1985
- State v. ReilNorth Dakota Supreme Court · 1987
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3Cited by3 opinions
- State v. StrohNorth Dakota Supreme Court · 2011
- State v. SchwabNorth Dakota Supreme Court · 2008
- Gussiaas v. NeustelNorth Dakota Supreme Court · 2011