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TOOLEY v. MOORE

Civil No. 970078.

565 N.W.2d 46 (1997)

1997 ND 120

Curtis J. TOOLEY, Petitioner and Appellee, v. Marshall W. MOORE, Director, North Dakota Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

June 24, 1997.

Attorney(s) appearing for the Case

Candace Ann Prigge (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for respondent and appellant.

No appearance on behalf of appellee.

MESCHKE, Justice.

[¶ 1] The Director of the North Dakota Department of Transportation appeals from a judgment reversing a suspension of Curtis Tooley's driving license for 365 days. We reverse and remand for reinstatement of the suspension.

[¶ 2] While on patrol in Dickinson, Officer Andy Zachmeier stopped Tooley for a moving-traffic violation. The officer investigated the smell of alcohol, Tooley's bloodshot eyes, and Tooley's somewhat confused...

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