Schaaf v. North Dakota Department of Transportation

SANDSTROM, Justice.

[¶ 1] The Department of Transportation appeals from a district court judgment reversing the Department’s decision to suspend Kyle Schaafs driving privileges for 91 days. We hold the district court erred in applying the ten-day period for notice of a hearing in N.D.C.C. § 28-32-21(l)(d) to the proceeding to suspend Schaafs driving privileges. We reverse the judgment and remand for reinstatement of the Department’s decision suspending Schaafs driving privileges.

I

[¶ 2] On May 22, 2008, Mandan police received a report of minors drinking in a parking lot. A police officer…