Legal Opinion

Holte v. North Dakota State Highway Commissioner

North Dakota Supreme Court

Decided February 20, 1989No. Civ. 880173PublishedCited by 19 opinions

1Opinion of the Court

VANDE WALLE, Justice.

The North Dakota State Highway Commissioner has appealed from a district court judgment reversing the Commissioner’s administrative suspension of Arden Holte’s driving privileges. We reverse and remand.

Following his arrest for driving under the influence of intoxicating liquor in violation of § 39-08-01, N.D.C.C., Holte was taken to the law-enforcement center in Jamestown for an Intoxilyzer test pursuant to § 39-20-01, N.D.C.C. Holte requested that he be allowed to telephone an attorney, but was told that he could “call anybody you want once we get done.” Holte then…

2Cases cited10 opinions

  1. State v. VietorSupreme Court of Iowa · 1978
  2. Asbridge v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1980
  3. Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
  4. State v. MertzNorth Dakota Supreme Court · 1985
  5. Westendorf v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1987

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3Cited by19 opinions

  1. Riche v. Director of RevenueSupreme Court of Missouri · 1999
  2. State v. LussierSupreme Court of Vermont · 2000
  3. Powell v. Secretary of StateSupreme Judicial Court of Maine · 1992
  4. Evans v. BackesNorth Dakota Supreme Court · 1989
  5. Beylund v. LeviNorth Dakota Supreme Court · 2017

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