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PESANTI v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20130116.

839 N.W.2d 851 (2013)

2013 ND 210

Dante PESANTI, Petitioner and Appellee v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

November 21, 2013.

Attorney(s) appearing for the Case

Jeff L. Nehring , Williston, ND, for petitioner and appellee.

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

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from the district court's judgment reversing the administrative hearing officer's decision to suspend Dante Pesanti's driving privileges for 180 days for driving under the influence of alcohol. We conclude a reasoning mind reasonably could have concluded the administrative hearing officer's finding that Officer Schrage had a reasonable and articulable suspicion that Pesanti had committed...

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