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FUCHS v. MOORE

Civil No. 980301

589 N.W.2d 902 (1999)

1999 ND 27

Kevin Lee FUCHS, Petitioner and Appellee, v. Marshall MOORE, Director, North Dakota Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

February 23, 1999.

Attorney(s) appearing for the Case

Thomas K. Schoppert, of Schoppert Law Firm, Minot, ND, for petitioner and appellee.

Candace Ann Prigge, Assistant Attorney General, Bismarck, ND, for respondent and appellant.

NEUMANN, Justice.

[¶ 1.] The Department of Transportation appealed from a judgment reversing the Department's 91-day suspension of Kevin Lee Fuchs's driving privileges for driving with an alcohol concentration of at least ten one-hundredths of one percent. We hold the dismissal of license revocation proceedings for Fuchs's refusal to take a chemical test did not constitute administrative res judicata for these proceedings to suspend Fuchs's license for driving...

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