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Legal Opinion

Baillie v. Moore

North Dakota Supreme Court

Decided October 5, 1994No. Civ. 940092PublishedCited by 20 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

Christopher Baillie appealed from a district court judgment upholding the Department of Transportation’s one year revocation of Baillie’s driver’s license for refusing to take an intoxilyzer test. We reverse, because Baillie requested but was not given a reasonable opportunity to consult with an attorney and, for that reason, his failure to take the intoxilyzer test was not a refusal upon which his license could be revoked under Chapter 39-20, N.D.C.C.

The relevant facts in this ease are undisputed. 1 On November 1, 1993, Bismarck Police Officer Steve Kenner saw…

2Cases cited4 opinions

  1. Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
  2. State v. SteffesNorth Dakota Supreme Court · 1993
  3. North Dakota Department of Transportation v. DuPaulNorth Dakota Supreme Court · 1992
  4. Ehrlich v. BackesNorth Dakota Supreme Court · 1991

3Cited by20 opinions

  1. Greenwood v. MooreNorth Dakota Supreme Court · 1996
  2. Olson v. North Dakota Department of Transportation DirectorNorth Dakota Supreme Court · 1994
  3. Krehlik v. MooreNorth Dakota Supreme Court · 1996
  4. Lies v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 2008
  5. Wetzel v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2001

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