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HENDERSON v. DIRECTOR, DEPT. OF TRANSP.

No. 20010222.

640 N.W.2d 714 (2002)

2002 ND 44

Cody Darrell HENDERSON, Petitioner and Appellee, v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

March 12, 2002.

Attorney(s) appearing for the Case

Vince H. Ficek, Ficek & Buresh, P.C., Dickinson, for petitioner and appellee.

Reid Alan Brady (argued) and Andrew Moraghan (appeared), Assistant Attorneys General, Bismarck, for respondent and appellant.

VANDE WALLE, Chief Justice.

[¶ 1] The Department of Transportation ("Department") appealed a district court judgment reversing the Department's decision suspending Cody Darrell Henderson's driving privileges for 91 days. We reverse the judgment and remand for entry of a judgment affirming the Department's decision.

I

[¶ 2] On January 14, 2001, Adams County Deputy Sheriff Darrin Heinert arrested Henderson for driving a vehicle in violation...

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