Harter v. North Dakota Department of Transportation

KAPSNER, Justice.

[¶ 1] Clayton Harter appeals the district court’s judgment affirming a North Dakota Department of Transportation (“Department”) hearing officer’s decision to suspend his driving privileges for 91 days, arguing North Dakota statutory law does not provide for such a suspension and any ambiguities in the law should be construed against the Department and in favor of Harter. We find the statute provides for the suspension and the criminal rule of lenity does not apply in civil matters. We affirm.

I

[¶ 2] Harter was stopped for speeding, making loud acceleration sounds, and crossing…