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MAHER v. NORTH DAKOTA DEPT. OF TRANSP.

Civ. No. 950112.

539 N.W.2d 300 (1995)

Timothy John MAHER, Petitioner, Appellee, and Cross-Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

October 31, 1995.

Attorney(s) appearing for the Case

Monte L. Rogneby, Assistant Attorney General, Attorney General's Office, Bismarck, for respondent, appellant, and cross-appellee.

Thomas A. Dickson, Bismarck, for petitioner, appellee, and cross-appellant.

SANDSTROM, Justice.

The Department of Transportation suspended Timothy Maher's driving privileges based on an arrest for driving under the influence of alcohol. Maher appealed. The district court reversed the administrative hearing officer's decision and reinstated Maher's driving privileges. The district court held the evidence was sufficient to establish the test was administered within two hours from the time Maher was driving, however, the officer's failure to...

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