798 N.W.2d 878
No. 20100287.Supreme Court of North Dakota.
Decided February 8, 2011
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
AFFIRMED.
Danny L. Herbel, The Regency Business Center, 3333 E. Broadway Ave., Ste. 1205, Bismarck, ND 58501, for plaintiff and appellant.
Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, 500 N. 9th St., Bismarck, ND 58501-4509, for defendant and appellee.
Per Curiam.
[¶ 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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