State v. Lince

VANDE WALLE, Justice.

Shawn Lince appealed from a judgment of conviction for driving while under the influence of alcohol, in violation of Section 39-08-01, N.D.C.C. Because the State did not disclose, upon request, the witnesses that it intended to call at the trial, we reverse the judgment of conviction and remand for a new trial.

Lince was arrested by State Highway Patrol Officer Rick Michels for driving while under the influence of alcohol. A blood sample was taken from Lince, which showed that he had a blood alcohol concentration of sixteen one-hundredths of one percent. Subsection 1(a),…