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SCHWIND v. DIRECTOR, DEPT. OF TRANSP.

Civ. No. 900133.

462 N.W.2d 147 (1990)

Jeffrey B. SCHWIND, Petitioner and Appellee, v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

October 31, 1990.

Attorney(s) appearing for the Case

Elaine Ayers, Asst. Atty. Gen., Bismarck, for respondent and appellant.

James A. Wright of Weiss, Wright, Paulson & Merrick, Jamestown, for petitioner and appellee; appearance by Cynthia Schaar-Macklenberg.

VANDE WALLE, Justice.

This is an appeal by the Director of the North Dakota Department of Transportation from a district court judgment reversing the administrative hearing officer's decision to suspend Jeffrey B. Schwind's driving privileges for 91 days. We reverse.

On September 30, 1989, Stutsman County Sheriff's Deputy Richard Griffin stopped a vehicle, driven by Schwind, for failure to observe a stop sign. Deputy Griffin approached the vehicle. He detected...

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