Legal Opinion
Herrman v. Director, North Dakota Department of Transportation
North Dakota Supreme Court
Decided June 24, 2014No. 20130338PublishedCited by 7 opinions
1Opinion of the Court
CROTHERS, Justice.
[¶ 1] Joseph P. Herrman appeals a district court judgment affirming a North Dakota Department of Transportation (“Department”) decision revoking his driving privileges for one year. We affirm, concluding sufficient probable cause existed to arrest Herrman without considering his onsite screening test and Herrman had a reasonable opportunity to consult with an attorney. We decline to address Herr-man’s argument implied consent laws represent an unconstitutional condition.
I
[¶ 2] At 8:00 p.m. on May 30, 2013, police received a report of a vehicle having difficulty maintaining…
2Cases cited19 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Frost & Frost Trucking Co. v. Railroad Comm'n of Cal.Supreme Court of the United States · 1926
- Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
- City of Jamestown v. JeromeNorth Dakota Supreme Court · 2002
- McCoy v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2014
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beylund v. LeviNorth Dakota Supreme Court · 2015
- Ell v. Director, Department of TransportationNorth Dakota Supreme Court · 2016
- Keller v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2015
- Rounkles v. LeviNorth Dakota Supreme Court · 2015
- Jesser v. N.D. Dep't of TransportationNorth Dakota Supreme Court · 2019
2 more not listed; retrieve them via the Exa API.