Brekhus v. N. Dakota Dep't of Transp.

[¶ 1] The North Dakota Department of Transportation appeals from the district court's judgment reversing an administrative hearing officer's decision revoking Deanne M. Brekhus's driving privileges for 180 days.

[¶ 2] The administrative hearing officer found law enforcement had reason to believe Brekhus committed a moving traffic violation and Brekhus refused to submit to either on-site screening or chemical tests. The district court reversed, concluding the evidence presented at the administrative hearing was obtained in violation of Brekhus's constitutional rights. The Department appealed,…