WILHELMI v. DIRECTOR OF DEPT. OF TRANSP.

Civ. No. 920282.

498 N.W.2d 150 (1993)

Kelly WILHELMI, Petitioner and Appellee, v. DIRECTOR OF the DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

March 24, 1993.


Attorney(s) appearing for the Case

Paulson and Merrick, Jamestown, for petitioner and appellee; argued by Randall L. Hoffman.

Elaine Ayers (argued), Asst. Atty. Gen., Atty. Gen. Office, Bismarck, for respondent and appellant.


MESCHKE, Justice.

The North Dakota Department of Transportation appeals a district court judgment reversing the Department's decision to suspend the driving privileges of Kelly Ann Wilhelmi for 91 days for driving under the influence of alcohol. We reverse the district court and reinstate the suspension.

At 1:55 a.m. on one night in June 1992, Jamestown police officer Thomas R. Nagel responded to a radioed dispatch to investigate an injury accident. At the...

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