Fode v. Director of the Department of Transportation
This text of 507 N.W.2d 541 (Fode v. Director of the Department of Transportation) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Director of the Department of Transportation appealed from a judgment of the district court reversing the Department’s decision to suspend Fode’s driving privileges. The district court concluded that the gas chromatograph used by the State Toxicologist to measure the blood-alcohol concentration was not 'properly certified as an approved testing device.
The sole question on appeal is whether or not the gas chromatograph was properly approved by the State Toxicologist.
Subsequent to briefing and submission of this ease, we held the gas chromatograph was properly approved by the North Dakota State Toxicologist. That decision, Erickson v. Director, North Dakota Department of Transportation, 507 N.W.2d 537 (N.D.1993), governs this case.
The judgment of the district court is reversed and the Department’s decision suspending Fode’s driver’s license is reinstated.
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Cite This Page — Counsel Stack
507 N.W.2d 541, 1993 N.D. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fode-v-director-of-the-department-of-transportation-nd-1993.