City of West Fargo v. EkstromAnnotate this Case
Mandie Le Ekstrom appealed after a jury found her guilty of driving under the influence. After review, the North Dakota Supreme Court concluded the district court did not err in denying her motion to dismiss on state and federal constitutional double jeopardy grounds. However, the Court found the court erred in sentencing her because the jury did not find her chemical breath test result was .16 or greater. Therefore, conviction was affirmed, but the sentence was vacated and the matter was remanded for resentencing.