Gabel v. North Dakota Department of Transportation

KAPSNER, Justice.

[¶ 1] The North Dakota Department of Transportation (“Department”) appeals from a district court judgment reversing a hearing officer’s decision to suspend Jay Gabel’s driving privileges for ninety-one days. We affirm the district court judgment.

I

[¶ 2] On April 23, 2005, a dispatcher at the Stutsman County Sheriffs Office sent a radio message to Officer Elizabeth Kapp stating that Chad Steele had reported a vehicle traveling on Highway 281 south of Jamestown that would speed up and slow down, not allowing Steele to pass. Steele also reported the license plate of the vehicle…