Schlosser v. North Dakota Department of Transportation

VANDE WALLE, Chief Justice.

[¶ 1] The North Dakota Department of Transportation appealed from the district court’s judgment reversing the Department’s suspension of Brock Joel Schlosser’s driver’s license. On appeal, the Department argues that the officer’s testimony was sufficient to overcome its failure to introduce Form 104 into evidence. Form 104 lists the steps that the officer and nurse must follow when collecting a blood sample and submitting it to the North Dakota Crime Laboratory. We affirm the district court’s judgment because the officer’s conclusory testimony was insufficient to…