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KOUBA v. STATE, DEPT. OF TRANSP.

No. 990176.

603 N.W.2d 696 (1999)

1999 ND 233

Albert KOUBA, Appellee, v. STATE of North Dakota, DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of North Dakota.

December 22, 1999.

Attorney(s) appearing for the Case

Albert Kouba, no appearance.

Andrew Moraghan, Assistant Attorney General, Bismarck, ND, for appellant.

VANDE WALLE, Chief Justice.

[¶ 1] The Department of Transportation ("Department") appealed from a district court order reversing the Department's decision to suspend Albert Kouba's driving privileges. We affirm the district court's order.

[¶ 2] On October 16, 1998, Albert Kouba was stopped for speeding by a law enforcement officer. The officer issued a summons and citation to Kouba for traveling 38 mph in a 30 mph zone. The summons directed Kouba...

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