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BORMAN v. TSCHIDA

No. 8545.

171 N.W.2d 757 (1969)

Paul N. BORMAN, Petitioner and Appellant, v. A. L. TSCHIDA, Director of Safety Responsibility Division, representing Walter R. Hjelle, State Highway Commissioner, Respondent.

Supreme Court of North Dakota.

October 29, 1969.

Attorney(s) appearing for the Case

Lanier & Knox, Fargo, for appellant.

Helgi Johanneson, Atty. Gen., and Joseph A. Vogel, Jr., Sp. Asst. Atty. Gen., Bismarck, for respondent.

ERICKSTAD, Judge.

The basic issue in this case is whether Highway Patrolman Gerald Olson, in arresting Mr. Paul Borman on September 28, 1968, had reasonable grounds to believe that Mr. Borman had been driving a motor vehicle upon the public highway while he was under the influence of intoxicating liquor.

Under the provisions of N.D.C.C. § 39-20-01, the Implied Consent Law, any person who operates a motor vehicle upon the public highways of this state...

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