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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 Minot Daily News reported.

The officer claimed that it only looked illuminated because of the reflection of the lights from the police squad car and a nearby gas station.

Judge Doug Mattson denied Boger’s motion to suppress evidence in the case and Boger then entered a conditional guilty plea to driving under the influence, his third offense within seven years. The conditional plea was with the understanding that he would be able to withdraw his plea if the Supreme Court ruled in his favor on appeal.

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.

The case will be sent back to the district court to allow Boger to withdraw his guilty plea.

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