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PETERSON v. ZIEGLER

No. 20070275.

751 N.W.2d 201 (2008)

2008 ND 115

Eric John PETERSON, Petitioner and Appellee v. Francis G. ZIEGLER, Director, N.D. Department of Transportation, Respondent and Appellant.

Supreme Court of North Dakota.

June 9, 2008.

Attorney(s) appearing for the Case

Mandy R. Maxon (argued), and Timothy Q. Purdon (appeared), Vogel Law Firm, Bismarck, N.D., for petitioner and appellee.

Michael Trent Pitcher, Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for respondent and appellant.

MARING, Justice.

[¶ 1] The Department of Transportation appeals from a judgment reversing its decision to revoke Eric John Peterson's driving privileges for 365 days. We conclude the district court erred in reversing the Department's decision on the ground that the Department's brief was not timely filed. Because Peterson was not harmed by the arresting officer's failure to recite the implied consent advisory before...

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