Maher v. North Dakota Department of Transportation

SANDSTROM, Justice.

The Department of Transportation suspended Timothy Maher’s driving privileges based on an arrest for driving under the influence of alcohol. Maher appealed. The district court reversed the administrative hearing officer’s decision and reinstated Maher’s driving privileges. The district court held the evidence was sufficient to establish the test was administered within two hours from the time Maher was driving, however, the officer’s failure to submit the initial, empty, blood collection kit caused a fatal jurisdictional flaw in the proceedings warranting reversal. The…