Scott v. North Dakota Department of Transportation

MESCHKE, Justice.

John Michael Scott appeals from a district court judgment affirming the North Dakota Department of Transportation’s decision to revoke Scott’s license for one year because he refused to submit to an on-site chemical screening test. We affirm.

Officer Paul Holte used stationary radar to clock a speeding motorcycle driven by Scott. After Holte stopped Scott, he smelled alcohol and asked Scott to sit in the back of his patrol car. Because Scott did not have his driver’s license with him, Holte had to obtain Scott’s driver information from his mobile data terminal. While waiting…