Peterson v. Director, North Dakota Department of Transportation

VANDE WALLE, Chief Justice.

The North Dakota Department of Transportation [the Department] appealed a judgment of the district court, South Central Judicial District, reversing the Department’s ninety-one-day suspension of James Howard Peterson’s driver’s license. Because we disagree with the district court’s conclusion that the Department hearing officer performed investigatory functions in violation of section 28-32-12.2, N.D.C.C., we reverse its decision and reinstate the decision of the hearing officer.

At around 2:00 a.m. on September 17, 1994, Bismarck Police Officer John McDonald noticed…