Christiansen v. NDDOT

Citations

• 2022 ND 27

Syllabus

The Administrative Agencies Practice Act governs this Court's review of the Department of Transportation's decision to suspend a driver's license. Chapter 1-02, N.D.C.C., contains the traditional rules of statutory construction and interpretation. Section 39-20-03.1, N.D.C.C., provides procedures law enforcement must follow after a person has tested over the legal limit for driving under the influence. Section 39-20-04.1, N.D.C.C., provides the Department of Transportation's authority to sanction a driver who has tested over the legal limit for driving under the influence. Section 39-20-04.1(1), N.D.C.C., does not mention the timing of law enforcement forwarding the report, so the five-day directive to law enforcement in N.D.C.C. 39-20-03.1(4) does not affect the Department's authority to suspend driving privileges. When no remedy is provided by statute for a statutory violation, this Court looks at whether the victim of the violation was prejudiced.