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SMESTAD v. ELLINGSON

Civ. No. 8727.

191 N.W.2d 799 (1971)

Gilbert A. SMESTAD, Petitioner and Appellant, v. Orlando V. ELLINGSON, Director of Safety Responsibility Division, representing Walter R. Hjelle, State Highway Commissioner, Respondent.

Supreme Court of North Dakota.

November 16, 1971.

Attorney(s) appearing for the Case

Farhart, Rasmuson & Olson, Minot, for petitioner and appellant.

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

STRUTZ, Chief Justice, on reassignment.

The petitioner was involved in an inter-sectional accident. The investigating officer did not see the accident, but in observing him at the scene of the accident noted that petitioner's speech was slurred, that he walked in an unsteady manner, that he had difficulty in responding to the officer's questions, that his eyes were glazed and bloodshot, and that he had a strong odor of alcohol about him. The officer thereupon placed...

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