Legal Opinion

State v. Thomas

North Dakota Supreme Court

Decided March 9, 1988No. Crim. 870119PublishedCited by 15 opinions

1Opinion of the Court

GIERKE, Justice.

This is an appeal by James Thomas (Thomas) from a conviction of being in physical control of a motor vehicle while under the influence of intoxicating liquor or with a breath alcohol content of 0.10% by weight or greater in violation of Section 39-08-01, N.D.C.C. Thomas also appeals from the trial court’s order denying in part his pretrial motion to suppress evidence. We affirm.

On January 3,1987, Thomas was at home nursing a sore throat and cough. While at home, Thomas consumed multiple doses of cough syrup which, unknown to Thomas, contained 5% alcohol by volume. Later that…

2Cases cited12 opinions

  1. Harrison v. United StatesSupreme Court of the United States · 1968
  2. United States v. Sam Salvatore Sarcinelli and Pamela Sue MessinaCourt of Appeals for the Fifth Circuit · 1982
  3. State v. GhylinNorth Dakota Supreme Court · 1977
  4. United States v. Terrence A. Kubiak, David Parks, Theodore Burton, IVCourt of Appeals for the Eleventh Circuit · 1983
  5. State v. SchulerNorth Dakota Supreme Court · 1976

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

3Cited by15 opinions

  1. State v. NormanNorth Dakota Supreme Court · 1993
  2. City of Grand Forks v. RamstadNorth Dakota Supreme Court · 2003
  3. State v. McNairNorth Dakota Supreme Court · 1992
  4. State v. ZimmermanNorth Dakota Supreme Court · 1994
  5. Wiederholt v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1990

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

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