Legal Opinion
Kuntz v. State Highway Commissioner
North Dakota Supreme Court
Decided April 29, 1987No. Civ. 11273PublishedCited by 83 opinions
1Opinion of the Court
MESCHKE, Justice.
Jeffrey M. Kuntz appeals from a district court judgment upholding the Highway Commissioner’s decision to revoke his driver’s license for two years, under §§ 39-20-04 and 39-20-05, N.D.C.C., for refusing to take an intoxilyzer test. We hold that a person arrested for driving under the influence of intoxicating liquor has a qualified statutory right to consult with an attorney before deciding whether or not to submit to a chemical test. We conclude that Kuntz was not allowed a reasonable opportunity *286to do so, at his request, and that, therefore, his failure to take the test was…
2Cases cited15 opinions
- Bell v. BursonSupreme Court of the United States · 1971
- Dixon v. LoveSupreme Court of the United States · 1977
- Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
- People v. GurseyNew York Court of Appeals · 1968
- Nyflot v. Commissioner of Public SafetySupreme Court of Minnesota · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- City of Fairgo v. ThompsonNorth Dakota Supreme Court · 1994
- Sims v. Collection Division of the Utah State Tax CommissionUtah Supreme Court · 1992
- Cook v. CommonwealthKentucky Supreme Court · 2004
- Bickler v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1988
- McNamara v. Director of North Dakota Department of TransportationNorth Dakota Supreme Court · 1993
78 more not listed; retrieve them via the Exa API.