Lund v. Hjelle

KNUDSON, Judge.

This is an appeal by the State Highway Commissioner from an order of the district court reversing the Commissioner’s order revoking James Lund’s driver’s license. The Commissioner had issued an order revoking Lund’s driver’s license for six months for refusing to submit to a chemical test to determine the alcoholic content of his blood. Lund had appealed to the district court from the Commissioner’s order.

On December 24, 1973, at approximately 8:00 p. m., Lund was involved in a single car accident. Lund phoned the Fargo Police Department, and Officer Cummings arrived at the…