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CITY OF WEST FARGO v. WILLIAMS

No. 20180447.

930 N.W.2d 102 (2019)

2019 ND 161

CITY OF WEST FARGO, Plaintiff and Appellant v. Tyler Clark WILLIAMS, Defendant and Appellee.

Supreme Court of North Dakota.

Filed June 27, 2019.

Attorney(s) appearing for the Case

Stephen R. Hanson II , West Fargo, ND, for plaintiff and appellant.

Luke T. Heck (argued) and Drew J. Hushka (on brief), Fargo, ND, for defendant and appellee.

[¶1] The City of West Fargo appeals from a district court order suppressing evidence of Tyler Clark Williams' refusal to submit to a chemical test, arguing N.D.C.C. § 39-20-02 contemplates an arrestee only has a statutory right to an independent test if he has already submitted to the chemical test requested by law enforcement...

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