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Muri v. State

7/27/2004

e of alcohol in addition to the odor of alcoholic beverage. Consequently, the premise underlying Muri's argument fails and the cited cases are inapplicable.


We conclude Muri has failed to establish that the District Court's finding that Tafelmeyer had reasonable grounds to believe, prior to requesting her to perform field sobriety tests, that Muri was driving a motor vehicle while under the influence of alcohol is clearly erroneous. As a result, we further conclude that the District Court's conclusion that Muri was not entitled to reinstatement of her driver's license, based on that finding, is correct. We hold, therefore, that the District Court did not err in denying Muri's petition to reinstate her driver's license.


Affirmed.


KARLA M. GRAY


We concur:


JIM REGNIER


PATRICIA O. COTTER


JIM RICE


W. WILLIAM LEAPHART




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