Legal Opinion

State v. Nygaard

North Dakota Supreme Court

Decided July 19, 1988No. Cr. 870364PublishedCited by 22 opinions

1Opinion of the Court

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 Bul-zomi further testified that Nygaard had blood-shot eyes, smelled of alcohol, swayed as he walked, admitted drinking and had slurred speech.

Off…

2Cases cited8 opinions

  1. State v. MickoNorth Dakota Supreme Court · 1986
  2. State v. ManningNorth Dakota Supreme Court · 1965
  3. State v. MehralianNorth Dakota Supreme Court · 1981
  4. State v. ReilNorth Dakota Supreme Court · 1987
  5. Wanna v. MillerNorth Dakota Supreme Court · 1965

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State v. SchwalkNorth Dakota Supreme Court · 1988
  2. State v. JordheimNorth Dakota Supreme Court · 1993
  3. Schlosser v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2009
  4. Painte v. Director, Dep't of TransportationNorth Dakota Supreme Court · 2013
  5. State v. SivesindNorth Dakota Supreme Court · 1989

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API