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PHIPPS v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20020055.

646 N.W.2d 704 (2002)

2002 ND 112

Priscilla Carol PHIPPS, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

July 11, 2002.

Attorney(s) appearing for the Case

Loren C. McCray, Solem Law Office, Beulah, for petitioner and appellee.

Andrew Moraghan, Assistant Attorney General, Office of the Attorney General, Bismarck, for respondent and appellant.

SANDSTROM, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer's decision to suspend Priscilla Carol Phipps's driver's license. We reverse the district court, concluding a chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis, and a test performed exactly two hours after driving is performed within two hours of driving.

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