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McPEAK v. MOORE

Civil No. 950408.

545 N.W.2d 761 (1996)

Kelly McPEAK, Appellee v. Marshall MOORE, Director, North Dakota Department of Transportation, Appellant.

Supreme Court of North Dakota.

April 3, 1996.

Attorney(s) appearing for the Case

Ralph A. Vinje, of Vinje Law Firm, Bismarck, for appellee.

Andrew Moraghan, Assistant Attorney General, Attorney General's Office, Bismarck, for appellant.

VANDE WALLE, Chief Justice.

Marshall Moore, Director of the North Dakota Department of Transportation (the Department), appealed from a district court judgment reversing the administrative suspension of Kelly McPeak's driving privileges for driving a vehicle while under the influence of intoxicating liquor, in violation of Section 39-08-01, N.D.C.C. We conclude there was a preponderance of evidence showing the on-site Alco-Sensor screening test was conducted with...

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