Geiger v. Hjelle

MESCHKE, Justice.

The Highway Commissioner revoked Robert N. Geiger’s driving privileges for refusing a breath test. On appeal by Geiger, the district court affirmed and so do we.

The sole issue is the sufficiency of the evidence to show that Geiger refused to submit to the test. N.D.C.C., § 39-20-05(3). As a “conclusion of law,” the hearing officer held that “Geiger refused to submit to a chemical test.” But the label on a finding is not conclusive, Quandee v. Skene, 321 N.W.2d 91, 94 (N.D.1982), and we view this determination as a finding of fact. Our review considers whether a preponderance…