Witte v. Hjelle

PAULSON, Judge.

This is an appeal from the order of the Cass County District Court affirming an administrative order of the State Highway Commissioner, Walter Hjelle, by his agent [hereinafter sometimes referred to as “commissioner”], revoking the driver’s license of petitioner-appellant Alvin G. Witte, for Witte’s refusal to submit, under the Implied Consent Law, Chapter 39-20, N.D.C.C., to a chemical test for the determination of the alcohol content of his blood.

In the early morning hours of October 22, 1974, Witte was seen driving his car in an erratic manner eastbound on U. S. Highway 10…