LARSON v. MOORE

Civil No. 970213.

571 N.W.2d 151 (1997)

1997 ND 227

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

Supreme Court of North Dakota.

December 2, 1997.


Attorney(s) appearing for the Case

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

Andrew Moraghan, Assistant Attorney General, Attorney General's Office, Bismarck, for respondent and appellee.


SANDSTROM, Justice.

[¶ 1] Darin Larson appeals from a district court judgment affirming the administrative suspension of his driver's license. Because the officer discarded a blood sample taken from Larson, we reverse and remand.

I

[¶ 2] Larson was arrested for driving under the influence on December 22, 1996, by a North Dakota Highway Patrol officer. Larson was transported to the Stanley Hospital, where the officer read Larson the implied...

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