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WAGNER v. BACKES

Civ. No. 900439.

470 N.W.2d 598 (1991)

Allen Lee WAGNER, Appellant, v. Richard BACKES, Director, North Dakota Department of Transportation, Appellee.

Supreme Court of North Dakota.

May 21, 1991.

Attorney(s) appearing for the Case

Thomas K. Schoppert of Schoppert Law Firm, Minot, for appellant.

Gregory B. Gullickson, Asst. Atty. Gen., Bismarck, for appellee.

LEVINE, Justice.

Allan Wagner appeals from a district court judgment affirming the administrative suspension of his driving privileges. We reverse.

Wagner was arrested for driving under the influence of alcohol. He submitted to an Intoxilyzer test administered by Damon Busch, the arresting officer. The test indicated a blood-alcohol concentration of 0.10 percent by weight. Busch took possession of Wagner's driver's license and Wagner requested and received...

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