Johnson v. N.D. Department of Transportation

[Go to Documents]Filed Apr. 30, 2009[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2009 ND 68

Jaclyn Kay Johnson, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee

No. 20080309

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lawrence E. Jahnke, Judge.
AFFIRMED.
Per Curiam.
Alexander F. Reichert, Reichert Armstrong Law Office, 218 South 3rd Street, Grand Forks, ND 58201, for petitioner and appellant.
Andrew Moraghan, Assistant Attorney General, Office of Attorney General, 500 North 9th Street, Bismarck, ND 58501-4509, for respondent and appellee.

Johnson v. Department of Transportation
No. 20080309

Per Curiam.

[¶1] Jaclyn Kay Johnson appealed from a district court judgment affirming an administrative agency decision suspending her driving privileges for three years after being arrested for driving under the influence of alcohol. On appeal Johnson argued she was seized before the arresting officer had reasonable and articulable suspicion that she had violated the law. We affirm under N.D.R.App.P. 35.1(a)(5); see City of Jamestown v. Jerome, 2002 ND 34, 639 N.W.2d 478.

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