NICHOLS v. BACKES

Civ. No. 900168.

461 N.W.2d 113 (1990)

Randal NICHOLS, Petitioner and Appellant, v. Richard J. BACKES, Director, North Dakota Department of Transportation, Respondent and Appellee.

Supreme Court of North Dakota.

October 2, 1990.


Attorney(s) appearing for the Case

Schoppert Law Firm, Minot, for petitioner and appellant, argued by Thomas K. Schoppert, Minot.

Gregory B. Gullickson (argued), Asst. Atty. Gen., Attorney General's Office, Bismarck, for respondent and appellee. Appearance by Elaine Ayers, Bismarck.


LEVINE, Justice.

Randal Nichols appeals from a district court judgment affirming an administrative suspension of his driver's license. We affirm.

Officer Kirchoffner stopped Nichols because the left taillight on Nichols' vehicle was not working. Kirchoffner detected the odor of alcohol on Nichols' breath and observed that Nichols' eyes were "a slight bloodshot red." Nichols stated that he had been drinking. Kirchoffner administered an Alco-Sensor test, which...

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