KOENIG v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20040351.

696 N.W.2d 534 (2005)

2005 ND 95

Kevin Mark KOENIG, Petitioner and Appellee, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

May 17, 2005.


Attorney(s) appearing for the Case

Douglas B. Anderson (argued), Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for respondent and appellant.

Thomas A. Dickson, of Dickson & Purdon Law Office, Bismarck, N.D., and Chad R. McCabe (argued), of Vinje Law Firm, Bismarck, N.D., for petitioner and appellee.


MARING, Justice.

[¶ 1] The North Dakota Department of Transportation ("Department") appeals from a district court judgment reversing its administrative suspension of Kevin Koenig's driving privileges for ninety-one days. We reverse the district court's judgment and reinstate the Department's decision.

I

[¶ 2] At approximately 12:30 a.m. on March 14, 2004, North Dakota Highway Patrol Officer Eric...

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