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MCCLINTOCK v. DEPT. OF TRANSP

No. 20200164.

955 N.W.2d 62 (2021)

2021 ND 26

James George MCCLINTOCK, Jr., Appellee v. DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of North Dakota.

FILED February 18, 2021.

Attorney(s) appearing for the Case

Alexander F. Reichert , (argued) and Challis D. Williams , (on brief), Grand Forks, ND, for appellee.

Michael T. Pitcher , Assistant Attorney General, Bismarck, ND, for appellant.

[¶1] The Department of Transportation appeals from a district court judgment reversing a Department hearing officer's decision suspending James McClintock's driving privileges for a period of 91 days. The Department argues the court erred in reversing because the greater weight of the evidence showed the Intoxilyzer 8000 was...

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