Schock v. North Dakota Department of Transportation

SANDSTROM, Justice.

[¶ 1] Paul Schock appeals from a district court judgment affirming an administrative order suspending his driver’s license for 180 days for driving a vehicle under the influence of intoxicating liquor. We affirm the judgment, concluding a reasoning mind reasonably could have concluded Schock provided a breath sample within two hours of driving a motor vehicle. We decline to grant his request for attorney’s fees and costs under N.D.C.C. § 28-82-50.

I

[¶ 2] On March 13, 2011, a Beulah police officer stopped Schock for a traffic violation at 12:54 a.m. The officer smelled an…