Legal Opinion

State v. Messner

North Dakota Supreme Court

Decided February 20, 1992No. Cr. 910234PublishedCited by 22 opinions

1Opinion of the Court

MESCHKE, Justice.

Brian Messner appeals from a conviction for driving under the influence of alcohol. He asserts that the trial court should have suppressed the results of an intoxilyzer test because he was denied the opportunity for an independent blood test. We disagree, and therefore affirm the conviction.

On February 1,1991, Officer Jerry Olson of the Highway Patrol was informed that a person driving northbound on Interstate 29 was “all over the road.” Olson located the car and observed it “swerving back and forth in the driving lane, across the center line a couple times.” Olson stopped…

2Cases cited18 opinions

  1. Commonwealth v. AlanoMassachusetts Supreme Judicial Court · 1983
  2. Puett v. StateCourt of Appeals of Georgia · 1978
  3. State v. BuffingtonCourt of Appeals of Georgia · 1989
  4. City of Blaine v. SuessWashington Supreme Court · 1980
  5. State v. DresslerNorth Dakota Court of Appeals · 1988

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

3Cited by22 opinions

  1. City of Fairgo v. ThompsonNorth Dakota Supreme Court · 1994
  2. North Dakota Department of Transportation v. DuPaulNorth Dakota Supreme Court · 1992
  3. McNamara v. Director of North Dakota Department of TransportationNorth Dakota Supreme Court · 1993
  4. Commonwealth v. LongCourt of Appeals of Kentucky · 2003
  5. City of Fargo v. StutlienNorth Dakota Supreme Court · 1993

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

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