Justia North Dakota Supreme Court Opinion Summaries

Joseph Daniel Potratz appeals the district court's judgment affirming the administrative hearing officer's decision suspending his driving privileges. A Burleigh County Deputy Sheriff arrested Potratz for driving under the influence ("DUI"). The administrative hearing officer concluded the deputy had reasonable grounds to believe Potratz had been driving under the influence and Potratz was properly tested after his arrest to determine his alcohol concentration within two hours of driving. Potratz appealed the hearing officer's decision. The district court affirmed the hearing officer's decision. Finding no reversible error, the Supreme Court affirmed the district court. View "Potratz v. N.D. Department of Transportation" on Justia Law

The Department of Transportation appealed a district court judgment that reversed the decision of a hearing officer that suspended the driving privileges of petitioner Scott Fossum. Upon review of the circumstances of this case, the Supreme Court found that the implied-consent requirements of N.D.C.C. 39-20-01 did not apply when an individual voluntarily consents to a chemical test. Therefore the Court reversed the judgment and reinstated the hearing officer's decision to suspend Fossum's driving privileges.View "Fossum v. N.D. Department of Transportation" on Justia Law