Garcia v. Levi

SANDSTROM, Justice.

[¶ 1] Benjamin Garcia appeals from a district court judgment affirming a Department of Transportation hearing officer’s decision revoking his driving privileges for 180 days. We conclude a police officer’s initial approach of Garcia’s parked vehicle was not a seizure and a reasonable and articulable suspicion supported the officer’s further investigation. We also conclude North Dakota’s test refusal statute and implied consent laws are not unconstitutional as applied in this case, because Garcia refused the police officer’s warrant-less request to take a chemical breath…