Legal Opinion

Wagner v. Backes

North Dakota Supreme Court

Decided May 21, 1991No. Civ. 900439PublishedCited by 9 opinions

1Opinion of the Court

LEVINE, Justice.

Allan Wagner appeals from a district court judgment affirming the administrative suspension of his driving privileges. We reverse.

Wagner was arrested for driving under the influence of alcohol. He submitted to an Intoxilyzer test administered by Damon Busch, the arresting officer. The test indicated a blood-alcohol concentration of 0.10 percent by weight. Busch took possession of Wagner’s driver’s license and Wagner requested and received an administrative hearing pursuant to NDCC § 39-20-05.

At the hearing, Busch testified that he had followed the state toxicologist’s approved…

2Cases cited11 opinions

  1. State v. SchwalkNorth Dakota Supreme Court · 1988
  2. Schwind v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1990
  3. Moser v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1985
  4. Pladson v. HjelleNorth Dakota Supreme Court · 1985
  5. State, Department of Public Safety v. HabischSupreme Court of Minnesota · 1981

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

3Cited by9 opinions

  1. State v. KellerNorth Dakota Supreme Court · 2013
  2. Keller v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2015
  3. Hettich v. MooreNorth Dakota Supreme Court · 1994
  4. Ding v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1992
  5. Ding v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1992

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

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