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7 North Dakota opinions name it 1 courts 2008–2025 1 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Krabseth v. Mooregreen2 sentences2009However, “this act of ‘legislative grace’ should not be construed as giving drivers the ability to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” Id. (citing Krabseth v. Moore, 1997 ND 224, ¶ 17 , 571 N.W.2d 146 ). 2009However, “this act of ‘legislative grace’ should not be construed as giving drivers the ability to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” Id. (citing Krabseth v. Moore, 1997 ND 224, ¶ 17 , 571 N.W.2d 146 ). | 1 | 2 |
State v. Smithred2 sentences2015See, e.g., Smith, 2014 ND 152, ¶¶ 9-10 , 849 N.W.2d 599 ; McCoy, 2014 ND 119, ¶12 , 848 N.W.2d 659 ; Murphy, 527 N.W.2d at 255-56 . 2015See, e.g., Smith, 2014 ND 152, ¶¶ 9-10 , 849 N.W.2d 599 ; McCoy, 2014 ND 119, ¶12 , 848 N.W.2d 659 ; Murphy, 527 N.W.2d at 255-56 . | 1 | 1 |
City of Bismarck v. Hoffnergreen1 sentence2014See City of Bismarck v. Hoffner, 379 N.W.2d 797, 798-99 (N.D.1985) (“It appears axiomatic to this court that implied consent is unnecessary where actual consent is given. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCoy v. North Dakota Department of Transportation
green
2 sentences2014The North Dakota Legislative Assembly created a statutory right to refuse, but that refusal comes with consequences. “[A] driver may not refuse testing to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” McCoy , 2014 ND 119, ¶ 12 . 2014The North Dakota Legislative Assembly created a statutory right to refuse, but that refusal comes with consequences. “[A] driver may not refuse testing to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” McCoy, 2014 ND 119, ¶ 12 , 848 N.W.2d 659 . | 2 | 2014–2015 |
Grosgebauer v. North Dakota Department of Transportation
green
2 sentences2009However, “this act of ‘legislative grace’ should not be construed as giving drivers the ability to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” Id. (citing Krabseth v. Moore, 1997 ND 224, ¶ 17 , 571 N.W.2d 146 ). 2009However, a driver is not permitted “to avoid the potential consequences of test submission and to avoid the penalties of refusal by remaining ambivalent.” Id. at ¶ 10 (quoting Grosgebauer , at ¶ 11). | 2 | 2009–2009 |
Maisey v. North Dakota Department of Transportation
green
2 sentences2025Dep’t of Transp., 2009 ND 191, ¶ 20 , 775 N.W.2d 200 (cleaned up). [¶10] Skobodzinski argues his actions show he was “confused” about his rights related to taking a chemical test, demonstrated by his mentioning constitutional rights. 2025Dep’t of Transp., 2009 ND 191, ¶ 20 , 775 N.W.2d 200 (cleaned up). [¶10] Skobodzinski argues his actions show he was “confused” about his rights related to taking a chemical test, demonstrated by his mentioning constitutional rights. | 1 | 2025–2025 |
State v. Murphy
green
1 sentence2015See, e.g., Smith, 2014 ND 152, ¶¶ 9-10 , 849 N.W.2d 599 ; McCoy, 2014 ND 119, ¶12 , 848 N.W.2d 659 ; Murphy, 527 N.W.2d at 255-56 . | 1 | 2015–2015 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.