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SALTER v. HJELLE

Civ. No. 870095.

415 N.W.2d 801 (1987)

John H. SALTER, Petitioner and Appellant, v. Walter HJELLE, N.D. Highway Commissioner, Respondent and Appellee.

Supreme Court of North Dakota.

As Corrected December 9, 1987.

Attorney(s) appearing for the Case

Ralph A. Vinje, Bismarck, for petitioner and appellant.

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

LEVINE, Justice.

John H. Salter (Salter) appeals from a judgment of the Burleigh County district court which affirms the administrative hearing officer's decision suspending Salter's driver's license. We reverse.

Salter was arrested for driving under the influence (DUI). He was given an Intoxilyzer test by a certified chemical test operator. The test showed a blood-alcohol concentration in excess of 0.10%.

Salter requested and received a hearing. At...

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