Schoon v. N.D. Dep't of Transportation

Crothers, Justice, specially concurring.

[¶ 27] I agree with and I have signed the majority opinion. I reluctantly write separately to respond to the dissent's suggestion the result in this case is borne of choice by the majority. I also write to invite legislative consideration whether the implied consent advisory should be repealed.

[¶ 28] The dissent opens by criticizing a purported choice by the majority and closes by suggesting the majority lacks common sense. See dissent at ¶ 37 ("the majority instead chooses to require the law enforcement officer to have given an advisory...."); id. at ¶…