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Christiansen v. NDDOT2022 ND 27 Docket No.: 20210218 Filing Date: 1/27/2022 Case Type: TRANSPORTATION DEPT. Author: Crothers, Daniel John
Highlight: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.
Sherman v. Guillaume, et al.2022 ND 26 Docket No.: 20210196 Filing Date: 1/27/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam
Highlight:A judgment determining primary residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
State v. Clairmont2022 ND 25 Docket No.: 20210219 Filing Date: 1/27/2022 Case Type: SEXUAL OFFENSE Author: Per Curiam
Highlight:A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
