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LUEBKE v. NORTH DAKOTA DEPT. OF TRANSP.

Civil No. 970337.

579 N.W.2d 189 (1998)

1998 ND 110

Donald LUEBKE, Petitioner and Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

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

Andrew Moraghan (argued), Assistant Attorney General, Bismarck, for respondent and appellee.

MESCHKE, Justice.

[¶ 1] Donald Luebke appealed a judgment affirming the Department of Transportation's suspension of his driving license for 365 days for driving a motor vehicle under the influence of alcohol. Luebke claims he was deprived of his right under NDCC 39-20-02 to an independent blood test. We reverse and remand to the agency for further proceedings.

[¶ 2] At 7:44 p.m. on May 3, 1997, while patrolling U.S. Highway 85, Trooper Bonness of...

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