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CHADWICK v. MOORE

Civil No. 960059.

551 N.W.2d 783 (1996)

Lonnie CHADWICK, Petitioner and Appellee, v. Marshall MOORE, Director, North Dakota Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

July 18, 1996.

Attorney(s) appearing for the Case

Monte L. Rogneby, Assistant Attorney General, Bismarck, for respondent and appellant.

Ralph A. Vinje, Bismarck, for petitioner and appellee.

NEUMANN, Justice.

The North Dakota Department of Transportation (Department) appeals a district court judgment reversing the Department's administrative decision to revoke Lonnie Chadwick's driving privileges for two years for refusing to submit to an alcohol concentration test. We reverse the district court's judgment and reinstate the Department's decision.

On September 10, 1995, shortly after 1:00 a.m., Mandan Police Officer Brent Wilmeth responded to a...

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