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KOSMATKA v. SAFETY RESPONSIBILITY DIVISION, ETC.

Civ. No. 8790.

196 N.W.2d 402 (1972)

John F. KOSMATKA, Plaintiff and Respondent, v. SAFETY RESPONSIBILITY DIVISION OF the NORTH DAKOTA STATE HIGHWAY DEPARTMENT, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 1, 1972.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck, and Myron E. Bothun, Sp. Asst. Atty. Gen., North Dakota State Highway Dept., Bismarck, for defendant and appellant.

Nelson, Mack & Moosbrugger, Grand Forks, for plaintiff and respondent.

PAULSON, Judge.

John F. Kosmatka was convicted of the offense of driving while under the influence of intoxicating liquor [DWI] by the Grand Forks Municipal Court on May 27, 1971. The municipal court imposed a fine of $350 and a 3-day jail sentence. In addition, Kosmatka was required to surrender his motor vehicle operator's license to the court for transmittal to the Safety Responsibility Division of the North Dakota State Highway Department, pursuant to § 39...

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