State v. Lamb

VANDE WALLE, Chief Justice.

Donald Lamb appealed from a judgment of conviction entered upon a jury verdict finding him guilty of driving while under the influence of intoxicating liquor. Because we find prejudicial error in the trial court’s failure to read its instructions to the jury, we reverse and remand for further proceedings.

On December 10, 1994, North Dakota Highway Patrolman Craig Klosterman stopped Lamb for speeding. Klosterman observed indicia of intoxication and asked Lamb to perform several field sobriety tests, which he failed. An Intoxilyzer test disclosed that Lamb had an…