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JORGENSON v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 920311.

498 N.W.2d 167 (1993)

Karl JORGENSON, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

March 24, 1993.

Attorney(s) appearing for the Case

Steven D. Mottinger, Fargo, for petitioner and appellee. No brief filed.

Michele G. Johnson, Asst. Atty. Gen., Bismarck, for respondent and appellant. Submitted on brief.

MESCHKE, Justice.

The North Dakota Department of Transportation appeals a district court judgment reversing a hearing officer's decision to revoke the driving privileges of Karl Bruce Jorgenson for one year for refusal to submit to blood-alcohol testing. We reverse and reinstate the revocation.

At about 2:00 a.m. on April 12, 1992, Highway Patrol Sergeant Edmund Gruchalla saw a vehicle moving east on an avenue in Fargo. The vehicle was weaving and crossing...

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