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SCOTT v. NORTH DAKOTA DEPT. OF TRANSP.

Civil No. 960060.

557 N.W.2d 385 (1996)

John SCOTT, Petitioner and Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Director, Respondent and Appellee.

Supreme Court of North Dakota.

December 20, 1996.

Attorney(s) appearing for the Case

Olson Law Office, Grand Forks, argued by Robin L. Olson; Nelson Law Office, Fargo, for petitioner and appellant. Appearance by Brian W. Nelson.

Candace A. Prigge (argued), Assistant Attorney General, Bismarck, for respondent and appellee.

MESCHKE, Justice.

John Michael Scott appeals from a district court judgment affirming the North Dakota Department of Transportation's decision to revoke Scott's license for one year because he refused to submit to an on-site chemical screening test. We affirm.

Officer Paul Holte used stationary radar to clock a speeding motorcycle driven by Scott. After Holte stopped Scott, he smelled alcohol and asked Scott to sit in the back of his patrol car. Because Scott...

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