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HERRMAN v. DIRECTOR, N.D. DEPT. OF TRANSP.

No. 20130338.

847 N.W.2d 768 (2014)

2014 ND 129

Joseph P. HERRMAN, Appellant v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of North Dakota.

June 24, 2014.

Attorney(s) appearing for the Case

Thomas F. Murtha IV , Dickinson, ND, for appellant.

Douglas Bruce Anderson , Assistant Attorney General, Office of Attorney General, Bismarck, ND, for appellee.

CROTHERS, Justice.

[¶ 1] Joseph P. Herrman appeals a district court judgment affirming a North Dakota Department of Transportation ("Department") decision revoking his driving privileges for one year. We affirm, concluding sufficient probable cause existed to arrest Herrman without considering his onsite screening test, North Dakota's implied consent law does not constitute an unconstitutional condition and Herrman had a reasonable opportunity to consult with...

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