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RUSSELL v. MOORE

Civil No. 970070.

564 N.W.2d 278 (1997)

1997 ND 111

LeAnne RUSSELL, Petitioner and Appellee v. Marshall W. MOORE, Director, North Dakota Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

June 3, 1997.

Attorney(s) appearing for the Case

No appearance on behalf of appellee.

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

MESCHKE, Justice.

[¶ 1] The Director of the North Dakota Department of Transportation appealed a judgment reversing the Department's suspension of LeAnne Russell's driving license for 91 days. We affirm the hearing officer's finding that Russell was validly tested within two hours of the time of driving, reverse the district court, and direct reinstatement of the Department's suspension.

[¶ 2] On September 1, 1996, a passing motorist told State Trooper...

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