Lee v. North Dakota Department of Transportation

KAPSNER, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer’s decision to suspend Della Mae Lee’s driving privileges for 91 days. We affirm the district court judgment.

I

[¶ 2] On December 31, 2002, at around 9:30 p.m., Jamestown police officer Aaron Berg, acting on a tip by a patron in a bowling alley, found Lee slumped over the steering wheel of her idling vehicle. The officer decided to perform a welfare check to determine if Lee needed assistance. The officer knocked on the window to wake Lee. When…