LARSEN v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20040158.

693 N.W.2d 39 (2005)

2005 ND 51

Stephan T. LARSEN, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

March 4, 2005.


Attorney(s) appearing for the Case

William D. Schmidt, Schmitz & Schmidt, Bismarck, ND, for petitioner and appellant.

Andrew Moraghan, Assistant Attorney General, Bismarck, ND, for respondent and appellee.


NEUMANN, Justice.

[¶ 1] Stephan Larsen appeals from a district court judgment affirming an order of the North Dakota Department of Transportation ("DOT") suspending his driver's license for a period of two years. We reverse and remand, concluding N.D.C.C. § 39-20-04.1(1) does not authorize a suspension of Larsen's license for two years.

I

[¶ 2] On November 15, 2003, Larsen was arrested for driving under the influence of alcohol. An...

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