Legal Opinion
Powell v. Hjelle
North Dakota Supreme Court
Decided June 30, 1987No. Civ. 870041PublishedCited by 10 opinions
1Opinion of the Court
LEVINE, Justice.
In this appeal from a judgment dismissing his complaint for failure to state a claim upon which relief can be granted, Ray Miles Powell claims that the five-day notice requirement set forth in Section 39-20-05, N.D.C.C., violates his constitutional right to due process of law under the federal and state constitutions. We affirm.
Powell was arrested for driving while under the influence. A chemical test was administered and the arresting officer took possession of Powell’s driver’s license pursuant to Section 39-20-03.1, N.D.C.C. Powell was given a twenty-day temporary…
2Cases cited9 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- MacKey v. MontrymSupreme Court of the United States · 1979
- Kobilansky v. LiffrigNorth Dakota Supreme Court · 1984
- State v. KnittelNorth Dakota Supreme Court · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- North Dakota Department of Transportation v. DuPaulNorth Dakota Supreme Court · 1992
- Flex Credit, Inc. v. WinkowitschNorth Dakota Supreme Court · 1988
- Mund v. RamboughNorth Dakota Supreme Court · 1988
- State v. StuartNorth Dakota Supreme Court · 1996
- Ennis v. Williams County Board of CommissionersNorth Dakota Supreme Court · 1992
5 more not listed; retrieve them via the Exa API.