Legal Opinion

Bickler v. North Dakota State Highway Commissioner

North Dakota Supreme Court

Decided May 16, 1988No. Civ. 870309PublishedCited by 42 opinions

1Opinion of the Court

LEVINE, Justice.

We consider the extent of an arrestee’s qualified statutory right to consult with counsel before deciding to take a chemical test under Kuntz v. State Highway Commissioner, 405 N.W.2d 285 (N.D.1987).

After he was arrested for DUI, Henry Bickler was taken to Cass County jail where he asked to call an attorney before taking an Intoxilyzer test. Permission was granted and Bickler called Fargo attorney Brian Nelson, who appeared at the jail five *147to ten minutes later. Attorney Nelson requested to confer with Bickler “in a private setting.” Because the arresting officer, Sergeant…

2Cases cited6 opinions

  1. Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
  2. Medcenter One, Inc. v. Job Service North DakotaNorth Dakota Supreme Court · 1987
  3. Farrell v. Municipality of AnchorageCourt of Appeals of Alaska · 1984
  4. State, Department of Public Safety v. KneislSupreme Court of Minnesota · 1977
  5. Redwood Village Partnership, Ltd. v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 1988

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

3Cited by42 opinions

  1. City of Fairgo v. ThompsonNorth Dakota Supreme Court · 1994
  2. Holmgren v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1990
  3. State v. ClarkNorth Dakota Supreme Court · 1997
  4. Evans v. BackesNorth Dakota Supreme Court · 1989
  5. Effertz v. North Dakota Workers' Compensation BureauNorth Dakota Supreme Court · 1992

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

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