Unterseher v. Ziegler

Filed Nov. 7, 2006
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2006 ND 226

Kylee Jo Unterseher, Petitioner and Appellant
v.
Francis G. Ziegler, Director, North Dakota Department of Transportation, Respondent and Appellee

No. 20060181

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
AFFIRMED.
Per Curiam.
Michael R. Hoffman, P.O. Box 1056, Bismarck, ND 58502-1056, for petitioner and appellant.
Andrew Moraghan, Assistant Attorney General, Office of Attorney General, 500 N. 9th Street, Bismarck, ND 58501-4509, for respondent and appellee.

Unterseher v. N.D. Department of Transportation
No. 20060181

Per Curiam.

[¶1] Kylee Unterseher appealed from a district court judgment affirming a North Dakota Department of Transportation hearing officer's decision to suspend her driving privileges for one year for driving under the influence. Unterseher argued that the arresting officer did not have reasonable and articulable suspicion to stop her vehicle. We conclude that the agency's order is supported by a preponderance of the evidence and summarily affirm under N.D.R.App.P. 35.1(a)(5).

[¶2]Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring