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WINGERTER v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 940323.

530 N.W.2d 362 (1995)

Kody W. WINGERTER, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

April 19, 1995.

Attorney(s) appearing for the Case

Monte L. Rogneby, Asst. Atty. Gen., Bismarck, for respondent and appellant.

Thomas A. Dickson, Bismarck, for petitioner and appellee.

LEVINE, Justice.

The North Dakota Department of Transportation (Department) appeals from a district court judgment reversing the Department's decision to suspend Kody W. Wingerter's driver's license for driving under the influence of alcohol. Because we hold that NDCC § 39-20-03.1(3) does not require an arresting officer to forward to the Department all records accompanying a driver's blood test, but only a copy of the certified copy of the analytical report...

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