State v. Albers

PAULSON, Judge.

On October 21, 1972, the defendant, Henry Albers [hereinafter Albers] was travel ing east on Interstate Highway 94 between Bismarck and Sterling. Albers was observed by State Highway Patrolman Erwin Kobs, who was flying an airplane 700 feet above the road upon which Albers was driving. Patrolman Kobs timed Albers’ car as it passed between markings on the highway, which markings are one mile apart. Patrolman Kobs used a stopwatch to time Albers’ car and took two readings, one of 38.3 seconds and one of 38.7 seconds. As is the custom of the Highway Patrol in this kind of speed…