Legal Opinion · Concurrence

Fossum v. North Dakota Department of Transportation

North Dakota Supreme Court

Decided March 11, 2014No. 20130310Published

1ConcurrenceKapsner, Justice

[¶ 24] I concur in the result reached by the majority opinion. The issues raised at the administrative hearing were:

Issues to be considered at today’s suspension hearing on alcohol concentration test results are as follows: 1) whether a law enforcement officer had reasonable grounds to believe, with respect to a person under twenty-one years of age, the person had been driving or was in actual physical control of a vehicle while having an aleo ... alcohol concentration of at least two one-hundredths of one percent by weight; 2) whether the per- ' son was tested in accordance with North Dakota…

2Cases cited3 opinions

  1. Asbridge v. North Dakota State Highway CommissionerNorth Dakota Supreme Court · 1980
  2. State v. HigginsNorth Dakota Supreme Court · 2004
  3. Koenig v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2005

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