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PRESTENG v. DIR., N.D. DEPT. OF TRANSP.

Civil No. 970369.

579 N.W.2d 212 (1998)

1998 ND 114

Allen H. PRESTENG, Petitioner and Appellee, v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

June 4, 1998.

Attorney(s) appearing for the Case

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

Robert J. Woods (argued), of Woods Legal Services, Forest River, for petitioner and appellee.

MARING, Justice.

[¶ 1] The Director of the North Dakota Department of Transportation (Department) appeals from a district court judgment reversing an administrative hearing officer's decision suspending Allen H. Presteng's driving privileges for 365 days for driving under the influence of alcohol. We conclude the police officer had probable cause to arrest Presteng for driving under the influence of alcohol. We, therefore...

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