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ERIKSMOEN v. DIRECTOR, DEPT. OF TRANSP.

No. 20050129.

706 N.W.2d 610 (2005)

2005 ND 206

Kjerstin Thora ERIKSMOEN, Petitioner and Appellant v. DIRECTOR, NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 31, 2006.

Attorney(s) appearing for the Case

Henry H. Howe (argued), Howe & Seaworth, Grand Forks, ND, for petitioner and appellant.

Andrew Moraghan (argued), Assistant Attorney General, and Zachary E. Pelham (appeared), Assistant Attorney General, Attorney General's Office, Bismarck, ND, for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Kjerstin Eriksmoen appeals from a district court judgment upholding a Department of Transportation's three-year revocation of Eriksmoen's driving privileges for refusing to take an intoxilyzer test. Eriksmoen argues she was denied an adequate opportunity to consult with her attorney. We affirm.

I.

[¶ 2] Eriksmoen was driving several passengers home from a wedding reception. Highway Patrol Officer Troy Hischer was...

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