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JORGENSEN v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20040338.

695 N.W.2d 212 (2005)

2005 ND 80

Dean Arlan JORGENSEN, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

April 26, 2005.

Attorney(s) appearing for the Case

Chad R. McCabe, Vinje Law Firm, Bismarck, ND, for petitioner and appellant.

Todd Adam Sattler, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.

SANDSTROM, Justice.

[¶ 1] Dean Jorgensen appealed a district court order and judgment affirming a North Dakota Department of Transportation ("Department") hearing officer's decision suspending Jorgensen's driving privileges. We reverse.

I

[¶ 2] On June 25, 2004, Burleigh County Deputy Sheriff James Hulm stopped Jorgensen, administered field sobriety tests, arrested Jorgensen, and advised him he would be charged with the offense of driving...

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