City of Fairgo v. Thompson

SANDSTROM, Justice.

In City of Fargo v. Stutlien, 505 N.W.2d 738 (N.D.1993), we held illegal a court-ordered procedure for mandatory minimum pe*580riods of detention for all driving under the influence and actual physical control arres-tees. But we reversed the dismissal of criminal prosecutions against the defendants charged in those cases, concluding absent “evidence that these minimum periods of detention actually prejudiced the defendants’ right to present a defense and have a fair trial, the trial court’s dismissal of the charges was speculative and premature.” Stutlien at 746. After separate…