Maher v. North Dakota Department of Transportation

VANDE WALLE, Chief Justice.

Timothy Maher appealed from a district court judgment affirming an administrative order suspending Maher’s driving privileges. We affirm.

On November 10, 1992, at approximately 1:07 a.m., a Bismarck city police officer observed Maher driving westbound on West Bismarck Expressway Avenue. The officer saw Maher’s vehicle swerve to the right to avoid hitting the guardrail and estimated that Maher missed hitting the guardrail by only a few feet. The officer followed Maher after observing the vehicle swerve a second time.

The officer estimated that Maher changed driving…