Lapp v. North Dakota Department of Transportation

NEUMANN, Justice.

[¶ 1] The North Dakota Department of Transportation (“the department”) appealed from a district court judgment reversing the administrative hearing officer’s decision suspending Roger D. Lapp’s driver’s license for ninety-one days. We reverse the district court judgment and reinstate the hearing officer’s suspension of Lapp’s license.

I

[¶ 2] On July 16, 2000, a security guard for Bismarck Mandan Security called the Bismarck Law Enforcement Center and reported an individual slumped over the steering wheel of his vehicle that was parked in a parking lot. At 4:47 a.m. a Bismarck…