Legal Opinion
Phipps v. North Dakota Department of Transportation
North Dakota Supreme Court
Decided July 11, 2002No. 20020055PublishedCited by 12 opinions
1Opinion of the Court
SANDSTROM, Justice.
[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer’s decision to suspend Priscilla Carol Phipps’s driver’s license. We reverse the district court, concluding a chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis, and a test performed exactly two hours after driving is performed within two hours of driving.
I
[¶ 2] A deputy sheriff stopped Priscilla Carol Phipps for speeding at 12:49 a.m., and subsequently arrested her at 1:14 a.m. for driving…
2Cases cited21 opinions
- Power Fuels, Inc. v. ElkinNorth Dakota Supreme Court · 1979
- Moser v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1985
- Ringsaker v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1999
- Bryl v. BackesNorth Dakota Supreme Court · 1991
- Erickson v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Amerada Hess Corp. v. State Ex Rel. Tax CommissionerNorth Dakota Supreme Court · 2005
- Brewer v. ZieglerNorth Dakota Supreme Court · 2007
- Divide County Sheriff's Department ex rel. Throntveit v. M.W.North Dakota Supreme Court · 2009
- Harter v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2005
- Johnson v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2004
7 more not listed; retrieve them via the Exa API.