Hoover v. N.D. Department of Transportation

This opinion is subject to petition for rehearing.
Filed Dec. 7, 2010
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2010 ND 234

Kenneth Paul Hoover, Appellant
v.
Director, North Dakota Department of Transportation, Appellee

No. 20100226

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.
AFFIRMED.
Per Curiam.
Michael R. Hoffman, P.O. Box 1056, Bismarck, ND 58502-1056, for appellant.
Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, 500 N. 9th Street, Bismarck, ND 58501-4509, for appellee.

Hoover v. N.D. Dept. of Transportation
No. 20100226

Per Curiam.

[1] Kenneth Paul Hoover appealed a district court's judgment affirming the administrative revocation of his driver's license. Hoover argues he was denied the opportunity to cure his prior refusal to submit to a blood test. We affirm the district court's judgment under N.D.R.App.P. 35.1(a)(5). See Houn v. N.D. Dep't of Transp., 2000 ND 131, 9, 613 N.W.2d 29 (noting the arrestee has the burden of curing a prior refusal within two hours of driving) (citing Lund v. Hjelle, 224 N.W.2d 552, 557 (N.D. 1974)).

[2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Zane Anderson, D.J.

[3] The Honorable Zane Anderson, D.J., sitting in place of Sandstrom, J., disqualified.