SCHIRADO v. NORTH DAKOTA STATE HIGHWAY COMM'R

Civ. No. 11071.

382 N.W.2d 391 (1986)

Jerome Mike SCHIRADO, Petitioner and Appellant, v. The NORTH DAKOTA STATE HIGHWAY COMMISSIONER and Elden G. Spier, Director, Drivers License Division, State Highway Department, Respondent and Appellee.

Supreme Court of North Dakota.

February 20, 1986.


Attorney(s) appearing for the Case

Hagen, Quast & Alexander, Beulah, for petitioner and appellant, argued by Larry W. Quast.

Robert E. Lane, Asst. Atty. Gen., Bismarck, for respondent and appellee.


LEVINE, Justice.

This is an appeal by Jerome M. Schirado from a district court judgment affirming the North Dakota State Highway Commissioner's suspension of his driving privileges pursuant to North Dakota Century Code ch. 39-20. We reverse.

Schirado was arrested for driving while under the influence of intoxicating liquor. He was given two tests on the Intoxilyzer device to determine his blood alcohol concentration. Due to faulty operation of the Intoxilyzer...

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