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TABERT v. NORTH DAKOTA DEPT. OF TRANSP.

Civil No. 960310.

560 N.W.2d 883 (1997)

1997 ND 39

Corey M. TABERT, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

March 20, 1997.

Attorney(s) appearing for the Case

Thomas A. Dickson and Timothy Q. Purdon of Dickson Law Office, Bismarck, for petitioner and appellee; argued by Timothy Q. Purdon.

Andrew Moraghan (argued), Assistant Attorney General, Bismarck, for respondent and appellant.

MESCHKE, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative decision to suspend the driving privileges of Corey M. Tabert for driving under the influence of alcohol. We reverse and remand for reinstatement of Tabert's suspension.

[¶ 2] Beulah Police Officer Kelly Hyke stopped Tabert for speeding. Hyke noticed a strong odor of alcohol, and Tabert, who was twenty years old...

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