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BICKLER v. NORTH DAKOTA STATE HIGHWAY COMM'R

Civ. No. 870309.

423 N.W.2d 146 (1988)

Henry BICKLER, a.k.a. Henry Bichler, Petitioner and Appellee, v. NORTH DAKOTA STATE HIGHWAY COMMISSIONER, Respondent and Appellant.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

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

Brian W. Nelson, Fargo, for petitioner and appellee.

LEVINE, Justice.

We consider the extent of an arrestee's qualified statutory right to consult with counsel before deciding to take a chemical test under Kuntz v. State Highway Commissioner, 405 N.W.2d 285 (N.D.1987).

After he was arrested for DUI, Henry Bickler was taken to Cass County jail where he asked to call an attorney before taking an Intoxilyzer test. Permission was granted and Bickler called Fargo attorney...

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