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BAILLIE v. MOORE

Civ. No. 940092.

522 N.W.2d 748 (1994)

Christopher BAILLIE, Appellant, v. Marshall MOORE, Director, ND Department of Transportation, Appellee.

Supreme Court of North Dakota.

October 5, 1994.

Attorney(s) appearing for the Case

Ralph A. Vinje, of Vinje Law Firm, Bismarck, for appellant.

Monte Lane Rogneby, Asst. Atty. Gen., Atty. General's Office, Bismarck, for appellee.

VANDE WALLE, Chief Justice.

Christopher Baillie appealed from a district court judgment upholding the Department of Transportation's one year revocation of Baillie's driver's license for refusing to take an intoxilyzer test. We reverse, because Baillie requested but was not given a reasonable opportunity to consult with an attorney and, for that reason, his failure to take the intoxilyzer test was not a refusal upon which his license could be revoked under Chapter...

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