Nelson v. Director, North Dakota Department of Transportation

SANDSTROM, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative decision suspending Brian Dewain Nelson’s driving privileges. We reverse the judgment of the district court and reinstate the suspension of Nelson’s driver’s license for 91 days because the evidence supports the hearing officer’s finding the report and notice form was received within five days.

I

[¶ 2] In the early morning hours of March 15,1996, a Bismarck police officer observed a vehicle with its headlights off squeal its tires as it made a U-turn. The…