North Dakota Supreme Court overturns conviction on 20-year-old charge

The North Dakota Supreme Court has overturned the conviction of a man who was tried last year on a 20-year-old drunken driving charge.

Jason Gale was arrested for drunken driving in 1995 in Grand Forks but wasn’t called to court until last July, when a jury found him guilty. Gale’s attorney, Scott Brand, argued to justices in December that the delay violated Gale’s right to a speedy trial.

“The government was clearly negligent. It’s 20 years, memories are going to fade and that was obvious at the trial,” Brand told The Associated Press on Wednesday. “The officer just memorized his report. He didn’t have any independent recollection as to what happened on that night…”

The opinion released late Tuesday said justices can’t presume that a 20-year-old case was “diligently prosecuted when there is no evidence of any prosecution at all” and that two decades is an unprecedented amount of time for a DUI case to remain idle.

“I have never seen a case like this in my life or even so much heard of one,” Brand said.

Wonder if we’ll see this show up in an episode of Fargo?

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