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HEINRICH v. N.D. STATE HWY. COM'N

Civ. No. 890251.

449 N.W.2d 587 (1989)

Oscar L. HEINRICH, Plaintiff and Appellee, v. NORTH DAKOTA STATE HIGHWAY COMMISSIONER, Defendant and Appellant.

Supreme Court of North Dakota.

December 20, 1989.

Attorney(s) appearing for the Case

Steven Francis Lamb, Asst. Atty. Gen., State Highway Dept., Bismarck, for defendant and appellant.

Darold A. Asbridge, P.C., Bismarck, for plaintiff and appellee.

GIERKE, Justice.

This is an appeal by the North Dakota State Highway Commissioner (Commissioner) from a district court judgment reversing the Commissioner's suspension of Oscar L. Heinrich's (Heinrich) driving privileges for 91 days as a result of a driving while under the influence charge. We reverse.

Heinrich was arrested by Lt. Al Fischer of the Mandan Police Department on February 11, 1989, for driving while under the influence. After transporting Heinrich...

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