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RICHTER v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

No. 20080036.

750 N.W.2d 430 (2008)

2008 ND 105

Corey RICHTER, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

June 5, 2008.

Attorney(s) appearing for the Case

Jodi L. Colling, Dickson Law Office, Bismarck, ND, for petitioner and appellant.

Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Corey Richter appealed a district court judgment affirming a North Dakota Department of Transportation ("DOT") decision to suspend his driving privileges for four years. We reverse and remand for further proceedings in accordance with this opinion.

I.

[¶ 2] In July 2007, North Dakota Game and Fish wardens watched Richter back into a vehicle, then leave to park in an adjacent parking lot. As Richter backed...

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