Harter v. ND Dept. of Transportation
v.
North Dakota Department
of Transportation, Respondent and Appellee
Judge Bruce B. Haskell
| Appellant: | Vinje Law Firm | |
| Appellee: | Douglas Bruce Anderson , Att. General Office |
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The hearing officer erred as a matter of law in failing to dismiss the matter over Harter's objection, and in overruling Harter's objections to Exhibit I, in that N.D.C.C. 39-20-04.1 was amended and no longer provides for the suspension of the license or driving privileges of a person under the age of twenty-one years when the alcohol concentration is at least 0.02% but less than 0.08%. The amended statute, N.D.C.C. 39-20-04.1, is clear and unambiguous and does not provide for such suspension, and even if it could be said that the statute is ambiguous, the interpretation should go to the benefit of the petitioner and against the department.
Appellee's Statement of the Issues:
Whether the hearing officer correctly applied N.D.C.C. 39-20-04.1 in suspending Harter's driving privileges.
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