February 8, 2011
RANDY RAYMOND BINSTOCK,
PLAINTIFF AND APPELLANT
NORTH DAKOTA DEPARTMENT OF TRANSPORTATION,
DEFENDANT AND APPELLEE
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
N.D. Supreme CourtBinstock v. N.D. Dep't of Transportation,
2011 ND 15
This opinion is subject to petition for rehearing. [Go to Documents]
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[¶1] Randy Raymond Binstock appealed the district court's judgment affirming the Department of Transportation's revocation of his driver's license. Binstock argues he was not informed that he was being arrested for driving under the influence. Consequently, he argues the deputy sheriff's request for a blood test was ineffective and therefore his refusal to submit to a blood test is not a "refusal" for purposes of revoking his license under N.D.C.C. ch. 19-20. We affirm the district court's judgment under N.D.R.App.P. 35.1(a)(5).
[¶2] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom
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