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

VandeWalle, Chief Justice.

[¶ 1] Phillip Galen Martinson appealed from a district court judgment affirming an agency decision to suspend his driver’s license for 180 days for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, a class C felony. Because Martinson was not unlawfully seized and his driveway was within the scope of the statute, we affirm.

I

[¶2] On May 27, 201Ó, Martinson was arrested by Sergeant Ruelle of the Minot Police Department for being in actual physical control of a motor vehicle while under the influence of intoxicating…