Marman v. Levi

The odor of an alcoholic beverage, poor balance, and open containers of alcohol may permit an officer to reasonably formulate an opinion the body of a driver in a single-car crash contains alcohol. Matthew Marman appealed the district court's judgment affirming the Department of Transportation's suspension of his driving privileges for 180 days. Because Marman failed to rebut the prima facie evidence of the Report and Notice, the North Dakota Supreme Court affirmed. View "Marman v. Levi" on Justia Law