MEES v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20120348.

827 N.W.2d 345 (2013)

2013 ND 36

Timothy Allen MEES, Petitioner and Appellee v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellant.

Supreme Court of North Dakota.

February 28, 2013.


Attorney(s) appearing for the Case

Tyrone J. Turner , Bismarck, N.D., for petitioner and appellee.

Michael T. Pitcher , Office of Attorney General, Bismarck, N.D., 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 Timothy Mees's driving privileges for ninety-one days for driving under the influence of alcohol. We conclude a reasoning mind reasonably could have concluded the hearing officer's finding that the officer who administered the Intoxilyzer ascertained that Mees did not have anything to...

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