Lund v. North Dakota State Highway Department

VANDE WALLE, Justice.

Arlin Lund appealed from the order of the district court of Burleigh County which denied his application for a writ of mandamus, and from orders dismissing his complaint. We granted a motion for consolidation of the appeals and we affirm the orders and judgment.

Lund was arrested on March 30, 1986, and charged with the offense of driving a vehicle while under the influence of intoxicating liquor. Lund requested a hearing before the State Highway Commissioner, but his request was denied because it was not made within the five-day statutorily prescribed period following his…