Koenig v. North Dakota Department of Transportation

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation (“Department”) appeals from a district court judgment reversing its administrative suspension of Kevin Koenig’s driving privileges for ninety-one days. We reverse the district court’s judgment and reinstate the Department’s decision.

I

[¶2] At approximately 12:30 a.m. on March 14, 2004, North Dakota Highway. Patrol Officer Eric Pederson observed Koenig operating a vehicle without its headlights on. After initiating a traffic stop of the vehicle, Officer Pederson suspected Koenig was driving under the influence of alcohol and…