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LAMB v. MOORE

Civ. No. 950201.

539 N.W.2d 862 (1995)

Donald LAMB, Petitioner and Appellant, v. Marshall MOORE, Director, North Dakota Department of Transportation, Respondent and Appellee.

Supreme Court of North Dakota.

November 30, 1995.

Attorney(s) appearing for the Case

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

Monte L. Rogneby, Assistant Attorney General, Bismarck, for respondent and appellee.

SANDSTROM, Justice.

Donald Lamb was arrested for driving while under the influence of alcohol. His driver's license was administratively suspended by the Director of the Department of Transportation. Lamb appealed the suspension to the district court, claiming the director lost jurisdiction to suspend his license because the arresting officer failed to forward a blank test card used in an attempt to clear the Intoxilyzer for the next test. The district court affirmed...

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