POWELL v. HJELLE

Civ. No. 870041.

408 N.W.2d 737 (1987)

Ray Miles POWELL, Plaintiff and Appellant, v. Walter HJELLE, as the Highway Commissioner for the State of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

June 30, 1987.


Attorney(s) appearing for the Case

Bjella, Neff, Rathert, Wahl and Eiken, Williston, for plaintiff and appellant; argued by William E. McKechnie.

Steven F. Lamb, Asst. Atty. Gen., Bismarck, for defendant and appellee.


LEVINE, Justice.

In this appeal from a judgment dismissing his complaint for failure to state a claim upon which relief can be granted, Ray Miles Powell claims that the five-day notice requirement set forth in Section 39-20-05, N.D.C.C., violates his constitutional right to due process of law under the federal and state constitutions. We affirm.

Powell was arrested for driving while under the influence. A chemical test was administered and the arresting officer...

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