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Legal Opinion

Luebke v. North Dakota Department of Transportation

North Dakota Supreme Court

Decided June 4, 1998No. Civil 970337PublishedCited by 8 opinions

1Opinion of the Court

MESCHKE, Justice.

[¶ 1] Donald Luebke appealed a judgment affirming the Department of Transportation’s suspension of his driving license for 365 days for driving a motor vehicle under the influence of alcohol. Luebke claims he was deprived of his right under NDCC 39-20-02 to an independent blood test. We reverse and remand to the agency for further proceedings.

[¶2] At 7:44 p.m. on May 3, 1997, while patrolling U.S. Highway 85, Trooper Bonness of the Highway Patrol stopped Luebke for speeding. Luebke admitted he “had had a few in Alexander,” and Bonness did field sobriety tests. Luebke passed…

2Cases cited7 opinions

  1. Samdahl v. North Dakota Department of Transportation DirectorNorth Dakota Supreme Court · 1994
  2. State v. DresslerNorth Dakota Court of Appeals · 1988
  3. State v. MessnerNorth Dakota Supreme Court · 1992
  4. Harper v. StateCourt of Appeals of Georgia · 1982
  5. Krehlik v. MooreNorth Dakota Supreme Court · 1996

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

3Cited by8 opinions

  1. Ringsaker v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1999
  2. Lange v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2010
  3. State v. SyvertsonNorth Dakota Supreme Court · 1999
  4. Koenig v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2012
  5. Judicial Conduct Commission v. HagarNorth Dakota Supreme Court · 2012

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

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