State v. Whitney

LEVINE, Justice.

The State appeals from an order of the Cass County Court suppressing the results of an Intoxilyzer test given to Paul Whitney. Because we hold the State’s Dilger statement insufficient to confer jurisdiction, we dismiss the appeal.

Paul Whitney was charged with driving while intoxicated in violation of North Dakota Century Code § 39-08-01. Upon Whitney’s motion, the Cass County court suppressed the results of his Intoxilyzer test on the ground that law enforcement personnel unreasonably hindered his attempt to attain a second blood alcohol test. 1

Pursuant to NDCC § 29-28-07(5),…