Johnson v. North Dakota Department of Transportation

2004 ND 148, 683 N.W.2d 886, 2004 N.D. LEXIS 275, 2004 WL 1632098
North Dakota Supreme Court·Decided July 22, 2004·No. 20040065·Published·Cited by 15 cases

Opinion

NEUMANN, Justice.

[¶ 1] Dustin Johnson appealed from a district court judgment affirming an administrative hearing officer’s suspension of his driving privileges for one year. We hold Johnson’s blood test was conducted in accordance with the law, and we affirm.

I

[¶ 2] Officer Kelly Dollinger, a police officer with the city of Mandan, stopped Johnson for speeding in the city limits shortly after 10:00 p.m., on September 22, 2003. After speaking with Johnson, Dol-linger smelled alcohol and noticed that Johnson’s eyes were bloodshot. Dollinger conducted field sobriety tests and ultimately arrested Johnson for driving while under the influence of intoxicating alcohol. Dollinger read Johnson the implied consent advisory and asked Johnson to submit to a blood test. Johnson consented. Dol-linger drove Johnson to the Morton County Law Enforcement Center in Mandan for the blood test, but upon arrival discovered that a nurse would not be available to administer the test until after midnight. Dollinger then drove Johnson to St. Alexi-us Medical Center in Bismarck and asked a nurse there to withdraw blood from Johnson for the test. The results of the test showed that Johnson had a blood alcohol concentration of .09 percent.

[¶ 3] Johnson was notified by the North Dakota Department of Transportation of its intent to suspend his driving privileges, and he requested a hearing. Johnson argued that his blood test was not conducted in accordance with the law, as required under N.D.C.C. § 39-20-05(2), because Officer Dollinger was outside of his jurisdiction when he requested the hospital nurse to withdraw blood from Johnson for the test. The hearing officer concluded that a law enforcement officer may transport a person outside the officer’s primary jurisdiction for purposes of testing for blood alcohol concentration. On October 20, 2003, the Department’s hearing officer suspended Johnson’s license for one year.

[¶ 4] Johnson filed a timely notice of appeal from the administrative agency decision to the district court. In affirming the hearing officer’s decision, the district court concluded Dollinger had authority to transfer Johnson outside the officer’s jurisdiction for a chemical test. Judgment was entered on March 9, 2004 affirming the administrative hearing officer’s suspension of Johnson’s driving privileges.

II

[¶ 5] On appeal, the only issue raised by Johnson is whether his blood test was conducted in accordance with N.D.C.C. § 39-20-02, which provides, in relevant part:

Only an individual medically qualified to draw blood, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcohol, drug, or combination thereof, content therein.

The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs our review of *889 an administrative suspension of a driver’s license. Dettler v. Sprynczynatyk, 2004 ND 54, ¶ 10, 676 N.W.2d 799. This Court exercises a limited review in appeals involving driver’s license suspensions or revocations, and we affirm the agency’s decision unless:

1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

Dettler, at ¶ 10, 676 N.W.2d 799; N.D.C.C. § 28-32-46. When an appeal involves an interpretation of a statute, a legal question, this Court will affirm the agency’s order unless it finds the order is not in accordance with the law. Phipps v. N.D. Dep’t of Transp., 2002 ND 112, ¶ 7, 646 N.W.2d 704. The interpretation of a statute is a question of law, fully reviewable on appeal. State ex rel. Clayburgh v. American West Cmty. Promotions, Inc., 2002 ND 98, ¶ 7, 645 N.W.2d 196.

[¶ 6] Section 39-20-02, N.D.C.C., requires a medically qualified person to withdraw blood, for purposes of determining alcohol content, only “at the request of a law enforcement officer.” Johnson invites us to construe this statute as requiring Officer Dollinger to have been physically located within his territorial jurisdiction when requesting the medical person to withdraw Johnson’s blood. Johnson asserts that Dollinger, who was outside the Mandan city limits when he requested the nurse to withdraw blood, was not a “law enforcement officer” for purposes of requesting a blood test under the statute.

[¶ 7] Our primary goal of statutory construction is to ascertain the intent of the legislature. Gronfur v. N.D. Workers Comp. Fund, 2003 ND 42, ¶ 10, 658 N.W.2d 337. In ascertaining the legislature’s intent, we first look at the plain language of the statute and give every word of the statute its ordinary meaning. Id. Words used in a statute are to be understood in their ordinary sense, unless a contrary intention plainly appears. Id. We construe the statute as a whole and give effect to each of its provisions, if possible. American West, 2002 ND 98, ¶ 14, 645 N.W.2d 196.

[¶ 8] Under our criminal code, the term “law enforcement officer” is defined to mean “a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.” N.D.C.C. § 12.1-01-04(17). It is undisputed that Dollinger is a law enforcement officer with the Man-dan Police Department. It is also undisputed that Dollinger was acting within his jurisdiction and authority as a law enforcement officer when he stopped Johnson for speeding in Mandan, conducted field sobriety tests at the location of the stop, arrested Johnson, read Johnson the *890 implied advisory consent, and obtained Johnson’s explicit consent to have a blood alcohol test. Nevertheless, Johnson urges this Court to adopt a hypertechnical construction of N.D.C.C. § 39-20-02 that Dol-linger, under these circumstances, was not qualified to request a nurse in Bismarck to perform the blood test to which Johnson had given his consent while in Dolling-er’s territorial jurisdiction.

[¶ 9] There is no dispute that Dollinger is a law enforcement officer and that he was acting within his jurisdiction and with proper authority when he arrested Johnson and obtained Johnson’s consent to a blood test.

Free access — add to your briefcase to read the full text and ask questions with AI

Johnson v. North Dakota Department of Transportation, 2004 ND 148, 683 N.W.2d 886, 2004 N.D. LEXIS 275, 2004 WL 1632098 (N.D. 2004).

2004 ND 148 (Johnson v. North Dakota Department of Transportation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Landon Michael v. Joshua Trevena
899 F.3d 528 (Eighth Circuit, 2018)
Krueger v. N.D. Dep't of Transportation
2018 ND 108 (North Dakota Supreme Court, 2018)
State v. Wilkie
2017 ND 142 (North Dakota Supreme Court, 2017)
Leno v. Director, North Dakota Department of Transportation
2015 ND 255 (North Dakota Supreme Court, 2015)
Olson v. Levi
2015 ND 250 (North Dakota Supreme Court, 2015)
Kroschel v. Levi
2015 ND 185 (North Dakota Supreme Court, 2015)
People v. LeRow
70 A.D.3d 66 (Appellate Division of the Supreme Court of New York, 2009)
Brewer v. Ziegler
2007 ND 207 (North Dakota Supreme Court, 2007)
Koenig v. North Dakota Department of Transportation
2005 ND 95 (North Dakota Supreme Court, 2005)
Doll v. North Dakota Department of Transportation
2005 ND 62 (North Dakota Supreme Court, 2005)
Larsen v. North Dakota Department of Transportation
2005 ND 51 (North Dakota Supreme Court, 2005)
Kouba v. Hoeven
2004 ND 185 (North Dakota Supreme Court, 2004)
Interest of K.G.
2004 ND 182 (North Dakota Supreme Court, 2004)