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HOLTE v. NORTH DAKOTA STATE HIGHWAY COMM'R

Civ. No. 880173.

436 N.W.2d 250 (1989)

Arden Neil HOLTE, Petitioner and Appellee, v. NORTH DAKOTA STATE HIGHWAY COMMISSIONER, Respondent and Appellant.

Supreme Court of North Dakota.

February 20, 1989.

Attorney(s) appearing for the Case

William A. Mackenzie, of Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for petitioner and appellee.

Steven Francis Lamb, Asst. Atty. Gen., State Highway Dept., Bismarck, for respondent and appellant.

VANDE WALLE, Justice.

The North Dakota State Highway Commissioner has appealed from a district court judgment reversing the Commissioner's administrative suspension of Arden Holte's driving privileges. We reverse and remand.

Following his arrest for driving under the influence of intoxicating liquor in violation of § 39-08-01, N.D.C.C., Holte was taken to the law-enforcement center in Jamestown for an Intoxilyzer test pursuant to § 39-20-01, N.D...

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