Legal Opinion

Bieber v. North Dakota Department of Transportation Director

North Dakota Supreme Court

Decided December 2, 1993No. Civ. 930180PublishedCited by 15 opinions

1Opinion of the Court

SANDSTROM, Justice.

The Director of the Department of Transportation suspended James Leroy Bieber’s driving privileges for 91 days for driving a vehicle while under the influence of alcohol. The district court reversed, holding the Director’s decision was based on improperly introduced evidence. The district court concluded the vacutainer tube used to collect Bieber’s blood was a “device” under N.D.C.C. § 39-20-07(5), and therefore, must be certified by the State Toxicologist.

We reverse, holding: (1) Bieber failed to establish his blood-test results were unreliable absent certification of…

2Cases cited8 opinions

  1. State v. DilleSupreme Court of Minnesota · 1977
  2. Madison v. North Dakota Department of TransportationNorth Dakota Supreme Court · 1993
  3. State v. VandeHovenNorth Dakota Supreme Court · 1986
  4. Hammeren v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1982
  5. Erickson v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1993

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Aamodt v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2004
  2. State v. SkarsgardNorth Dakota Supreme Court · 2007
  3. Henderson v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 2002
  4. State v. ZimmermanNorth Dakota Supreme Court · 1994
  5. State v. SchroederNorth Dakota Supreme Court · 1994

10 more not listed; retrieve them via the Exa API.

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