McPeak v. Moore

VANDE WALLE, Chief Justice.

Marshall Moore, Director of the North Dakota Department of Transportation (the Department), appealed from a district court judgment reversing the administrative suspension of Kelly McPeak’s driving privileges for driving a vehicle while under the influence of intoxicating liquor, in violation of .Section 39-08-01, N.D.C.C. We conclude there was a preponderance of evidence showing the on-site Alco-Sensor screening test was conducted with a device approved by the State Toxicologist and that the arresting officer had probable cause to arrest McPeak for driving under…