State v. Nodland

JOHNSON, Justice.

Randolph Nodland appeals from a county court criminal judgment and jury verdict finding him guilty of driving a motor vehicle with a blood alcohol concentration of .10 percent or greater. We conclude that the trial court abused its discretion in denying Nodland’s motion for a continuance, and we reverse and remand for a new trial.

On April 27, 1991, Duane Armstrong, North Dakota Highway Patrol, arrested Nodland for driving with a blood alcohol concentration of at least .10 percent and driving while under the influence of intoxicating liquor, in violation of § 39-08-01,…