The North Dakota Supreme Court will allow a man accused of drunken driving to withdraw his guilty plea to the charge.
The court recently reversed a North Central District Court judge’s refusal to suppress some evidence in the DUI case against defendant Michael Anthony Boger. He was stopped by a Minot police officer in November 2019 who said Boger failed to have his rear license plate illuminated.
Boger argued in court the officer’s own body camera footage showed the license plate was actually illuminated.
The high court ruled the body camera video clearly shows that Boger’s license plate was illuminated and the officer did not have probable cause to stop the vehicle, so the evidence must be suppressed.