State v. Storbakken

VANDE WALLE, Chief Justice.

Richard Clarence Storbakken appealed from a judgment of conviction, entered upon a conditional plea of guilty, for driving under the influence of alcohol in violation of section 39-08-01, NDCC. We conclude that the officer’s stop of Storbakken’s vehicle was valid, that the criminal proceeding did not subject Storbakken to double jeopardy, and that the district court did not abuse its discretion by denying the defendant’s motion to suppress the intoxilyzer test results. We affirm the district court’s judgment.

On May 25, 1995, at approximately 1:12 a.m., Officer Troy…