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LEE v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20030168.

673 N.W.2d 245 (2004)

2004 ND 7

Della Mae LEE, Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of North Dakota.

January 14, 2004.

Attorney(s) appearing for the Case

Justin D. Roness (argued), Thomas A. Dickson (on brief), and Timothy Q. Purdon (on brief), Dickson & Purdon, Bismarck, ND, for appellee.

Reid A. Brady, Assistant Attorney General, Attorney General's Office, Bismarck, ND, for appellant.

KAPSNER, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer's decision to suspend Della Mae Lee's driving privileges for 91 days. We affirm the district court judgment.

I.

[¶ 2] On December 31, 2002, at around 9:30 p.m., Jamestown police officer Aaron Berg, acting on a tip by a patron in a bowling alley, found Lee slumped over the steering wheel...

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