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Coss v. Levi

Supreme Court of North Dakota

December 18, 2014

Daniel Steven Coss, Petitioner and Appellant
v.
Grant Levi, Director, North Dakota Department of Transportation, Respondent and Appellee

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

Kevin J. Chapman, Williston, N.D., for petitioner and appellant.

Douglas B. Anderson, Office of Attorney General, Bismarck, N.D., for respondent and appellee.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Daniel Coss appeals from a district court judgment affirming a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for two years. Coss argues his breath sample was not properly obtained, the Intoxilyzer test was not fairly administered to him, and he was denied a right to consult with an attorney before deciding whether to submit to the Intoxilyzer chemical test. We summarily affirm under N.D.R.App.P. 35.1(a)(5).

[¶2] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner


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