Schwind v. N.D. Department of Transportation

Schwind v. ND Department of Transportation, 562 N.W.2d 104 (N.D. 1996)

[Go to Documents]Filed Dec. 4, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

Ronald W. Schwind, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee

Civil No. 960142

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Mikal Simonson, Judge.
AFFIRMED.
Per Curiam.
James A. Wentz, Kropp Law Office, 105 10th Street SE, Jamestown, ND 58401, for petitioner and appellant.
Candace A. Prigge, Assistant Attorney General, Attorney General's Office, 900 East Boulevard Avenue, Bismarck, ND 58505-0041, for respondent and appellee.

Schwind v. North Dakota Department of Transportation

Civil No. 960142

Per Curiam.

Ronald Schwind appealed from the judgment of the district court, affirming the North Dakota Department of Transportation hearing officer's decision to suspend Schwind's driver's license for Driving Under the Influence of Alcohol. Schwind contends the arresting officer did not have a reasonable and articulable suspicion to make a stop and further argues the officer's actions amounted to entrapment. We affirm the trial court's decision under N.D.R.App.P. 35.1(a)(5). Zimmerman v. North Dakota Department of Transportation, 543 N.W.2d 479 (N.D. 1996).

Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Herbert L. Meschke