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ERTELT v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 920114.

491 N.W.2d 736 (1992)

Thomas ERTELT, Petitioner and Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

November 5, 1992.

Attorney(s) appearing for the Case

Robin L. Olson, of Nelson Law Office, Fargo, for petitioner and appellant.

Michele G. Johnson, Asst. Atty. Gen., Bismarck, for respondent and appellee.

VANDE WALLE, Justice.

Thomas Ertelt appealed from a district court judgment which affirmed a decision of the Department of Transportation [Department] indefinitely suspending Ertelt's driving privileges until he files proof of financial responsibility pursuant to § 39-16-05, N.D.C.C. We reverse and remand for further proceedings.

On June 2, 1991, Ertelt was charged with actual physical control of a motor vehicle while under the influence of alcohol. After...

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