Legal Opinion

City of Bismarck v. Hoffner

North Dakota Supreme Court

Decided December 18, 1985No. Cr. 1107PublishedCited by 11 opinions

1Opinion of the Court

VANDE WALLE, Justice.

James Hoffner appealed from his conviction of driving with a blood-alcohol concentration of at least 0.10. We affirm.

On March 22, 1984, Hoffner was involved in a two-car accident. As a result of injuries received in the accident, he was taken to a hospital. While in the emergency room, an officer investigating the accident approached Hoffner. The officer told him that “he would probably — or, that he would be placed under arrest” and informed him that if he refused the blood test “he would probably lose his driver’s license for a year.” Hoffner consented to the blood…

2Cases cited11 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. State v. MatthewsNorth Dakota Supreme Court · 1974
  4. State v. MertzNorth Dakota Supreme Court · 1985
  5. State v. AbrahamsonNorth Dakota Supreme Court · 1982

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

3Cited by11 opinions

  1. Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
  2. State v. ZielkeWisconsin Supreme Court · 1987
  3. McCoy v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2014
  4. State v. O'ConnorNorth Dakota Supreme Court · 2016
  5. Fossum v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2014

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

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