Deeth v. Director, North Dakota Department of Transportation

2014 ND 232, 857 N.W.2d 86, 2014 WL 7185392, 2014 N.D. LEXIS 232
CourtNorth Dakota Supreme Court
DecidedDecember 18, 2014
Docket20140161
StatusPublished
Cited by12 cases

This text of 2014 ND 232 (Deeth v. Director, North Dakota Department of Transportation) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deeth v. Director, North Dakota Department of Transportation, 2014 ND 232, 857 N.W.2d 86, 2014 WL 7185392, 2014 N.D. LEXIS 232 (N.D. 2014).

Opinion

SANDSTROM, Justice.

[¶ 1] The Department of Transportation appeals from a district court judgment reversing a hearing officer’s decision revoking Nathaniel Deeth’s driving privileges for 180 days for refusing the blood test after being arrested for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. Concluding the district court erred in holding the hearing officer’s findings of fact are not supported by a preponderance of the evidence, we reverse the district court’s judgment and reinstate the hearing officer’s decision revoking Deeth’s driving privileges for a period of 180 days.

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[¶2] After he was found lying in the backseat of a vehicle parked at a rest area outside of Bismarck, Deeth was arrested for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. Deeth requested an administrative hearing on the revocation of his driving privileges for refusing to submit to testing to determine his alcohol concentration after arrest. Because Deeth was unable to appear at the initial hearing in person, by telephone, or through counsel, the Department granted his request for rehearing.

[¶ 3] At the hearing, a North' Dakota Highway Patrol officer testified that in August 2013, the patrol received a report from the Department of Transportation about a vehicle that had been parked in the parking lot of a rest area on Interstate 94 near Bismarck for approximately three days. The officer testified that upon arriving at the scene, he approached the vehicle, which was not running. He observed Deeth lying awake in the backseat with the vehicle doors open. The officer testified that when he questioned Deeth about his reason for parking at the rest area for an extended period, Deeth claimed his vehicle’s battery was dead and he planned to sleep in his vehicle for the evening.

[If 4] The officer testified that while speaking with Deeth, he detected the strong odor of alcohol and noticed numerous open bottles of what appeared to be alcoholic beverages in the vehicle. He testified he also noticed Deeth’s speech was slurred and his eyes were bloodshot and glossy. The officer testified that after he asked Deeth for his driver’s license and ignition keys, Deeth got out of the backseat of the vehicle and began searching for his license and keys from the driver’s side door. The officer testified Deeth was able to locate only his driver’s license. The officer testified he asked Deeth to submit to a series of field sobriety tests and Deeth failed the horizontal gaze nystagmus, alphabet, backwards count, and partial alphabet tests. The officer testified Deeth also submitted to the Aleo-Sensor FST on-site screening test, which revealed a blood alcohol concentration of .301. Deeth was placed under arrest for actual physical control of a motor vehicle while under the influence of alcohol. After the implied consent advisory, he refused to submit to a blood test.

[¶ 5] The officer testified that after arresting Deeth, he conducted a brief search of the vehicle for the ignition keys but was unable to locate them because of the number of personal items in the vehicle. He testified he then contacted a towing service *89 to remove Deeth’s vehicle from the rest area. He testified he had no evidence concerning whether the vehicle’s battery was dead or whether Deeth had the ability to manipulate the vehicle’s controls without the ignition keys.

[¶ 6] Concluding that reasonable grounds existed to believe Deeth was in actual physical control of a vehicle while under the influence of intoxicating liquor and finding that after Deeth was placed under arrest he refused to submit to testing to determine his alcohol concentration, the hearing officer ordered Deeth’s license to be revoked for 180 days. In doing so, the hearing officer made factual findings regarding the operability of Deeth’s vehicle to support her ultimate conclusion that there were reasonable grounds to believe Deeth was in actual physical control of his vehicle while under the influence of intoxicating liquor. First, the hearing officer found Deeth’s vehicle battery was dead at the time Deeth was found lying in the backseat of the vehicle. The hearing officer also found that after a brief search, the ignition keys were not located in the vehicle or on Deeth. Although the hearing officer did not explicitly find Deeth had the ability to manipulate the controls of his vehicle, she noted the existence and availability of “several businesses in the Bismarck area that provide 24-hour emergency services for vehicles.” On the basis of these findings, the hearing officer revoked Deeth’s driving privileges for 180 days. Deeth petitioned for reconsideration, which the hearing officer denied. Deeth then appealed to the. district court from the hearing officer’s denial of his petition for reconsideration.

[¶ 7] On appeal, the district court reversed the hearing officer’s decision and reinstated Deeth’s driving privileges, concluding the hearing officer’s findings of fact were not supported by a preponderance of the evidence:

The hearing officer’s Findings of Fact do not address the issue of manipulation of controls of the vehicle. Her Conclusions of Law likewise do not address [whether Deeth could have manipulated the controls of the vehicle] other than the conclusion that the presence of the ignition key is not essential to the determination of reasonable grounds to believe a person is in actual physical control of a vehicle. The hearing officer’s Finding of Fact that businesses in the area could have provided booster or jumper services to [Deeth] are not supported by any evidence in the record. ...
... In this case, the Court finds that the hearing officer’s Findings of Fact are not supported by the record. There is no evidence in the record of jump starting services available to the appellant. There is no evidence of the volume of traffic in the area nor whether any of the occupants of said traffic could or would provide aid to the appellant. More important, the evidence is that the appellant could not have manipulated the controls of the car because the battery was dead and because the ignition key could not be found.

Accordingly, the district court reversed the hearing officer’s decision and reinstated Deeth’s driving privileges. The Department appealed.

[¶ 8] Deeth properly requested an administrative hearing under N.D.C.C. § 39-20-05. The Department had jurisdiction under N.D.C.C. § 39-20-05. Deeth’s notice of appeal from the Department’s decision to the district court was timely under N.D.C.C. § 39-20-06. See DuPaul v. N.D. Dep’t of Transp., 2003 ND 201, ¶ 6, 672 N.W.2d 680 (motorist may appeal án administrative ruling under either *90 N.D.C.C. § 39-20-06 or, if a petition for reconsideration was filed under N.D.C.C. § 28-32-40(1) and was denied, under N.D.C.C. § 28-32-42(1)). The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 39-20-06. The Department filed a timely notice of appeal from the district court judgment under N.D.C.C. § 28-32 — 42. This Court has'jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 28-32-49.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 ND 232, 857 N.W.2d 86, 2014 WL 7185392, 2014 N.D. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deeth-v-director-north-dakota-department-of-transportation-nd-2014.