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Bismarck, N.D. (AP) North Dakota's Supreme Court has reversed drunken driving penalties against two men because their court hearings were conducted by telephone.

In separate cases, Jerry Gordon Neu and Darren Landsiedel claimed the hearings were not fair and that the revocation and suspension of their drivers licenses should be overturned.

Landsiedel was charged in McLean County and Neu in Stark County.

The Supreme Court agreed in a unanimous decision Tuesday and sent the cases back to lower courts for further action.

The justices said an ordinary reading of the law shows the Legislature intended the state Transportation Department to conduct in-person hearings for such alcohol-related offenses. The ruling said the department cannot unilaterally decide to hold the hearings by phone.

(Copyright 2009 by The Associated Press. All Rights Reserved.) APNP 11-17-09 1656CST | save this article / add to your favorites list