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STEINMEYER v. DEPARTMENT OF TRANSP.

No. 20090096.

768 N.W.2d 491 (2009)

2009 ND 126

Chance STEINMEYER, Petitioner and Appellee v. DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

July 9, 2009.

Attorney(s) appearing for the Case

Ashley Erin Holmes, Dickinson, ND, for petitioner and appellee.

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

SANDSTROM, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer's decision that suspended the driving privileges of Chance Steinmeyer for 91 days. Because a reasoning mind reasonably could conclude that the arresting officer ascertained a 20-minute waiting period before administering the Intoxilyzer test, we reverse the district court judgment and reinstate the Department...

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