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WETZEL v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20000186.

622 N.W.2d 180 (2001)

2001 ND 35

David John WETZEL, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

February 15, 2001.

Attorney(s) appearing for the Case

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

Joe A. Johnson, of Nelson, Blumer & Johnson, PLLP, Fargo, ND, for petitioner and appellee.

NEUMANN, Justice.

[¶ 1] The North Dakota Department of Transportation ("Department") appeals from a district court judgment reversing the Department's one-year revocation of David John Wetzel's driver's license for refusing to take a chemical test. Because Wetzel was given a reasonable opportunity to consult with an attorney, we reverse.

I

[¶ 2] On January 7, 2000, at 1:18 a.m., Fargo police officer Charles Sullivan arrested Wetzel for...

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