Legal Opinion

Buck v. North Dakota State Highway Commissioner

North Dakota Supreme Court

Decided June 28, 1988No. Civ. 870338PublishedCited by 16 opinions

1Opinion of the Court

GIERKE, Justice.

The North Dakota State Highway Commissioner appeals from a district court judgment reversing the revocation of Fred A. Buck’s driving privileges. We reverse and remand.

Following his July 17, 1987, arrest for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor in violation of § 39-08-01, N.D.C.C., Buck requested and received an administrative hearing under § 39-20-05(3), N.D.C.C. The issues at the hearing were: (1) whether the law enforcement officer had reasonable grounds to believe Buck was in actual physical control of a…

2Cases cited7 opinions

  1. Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1975
  2. Wibben v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1987
  3. State v. GhylinNorth Dakota Supreme Court · 1977
  4. State v. SchulerNorth Dakota Supreme Court · 1976
  5. State v. HenselNorth Dakota Supreme Court · 1988

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

3Cited by16 opinions

  1. State v. SchwalkNorth Dakota Supreme Court · 1988
  2. Atkinson v. StateCourt of Appeals of Maryland · 1993
  3. State v. SaulNorth Dakota Supreme Court · 1989
  4. State v. SarhegyiNorth Dakota Supreme Court · 1992
  5. City of Naperville v. WatsonIllinois Supreme Court · 1997

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

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