Ueckert v. N.D. Dep't of Transportation

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Court Description: Ueckert v. N.D. Dep't of Transportation, 2017 ND A district court judgment affirming the Department of Transportation hearing officer's decision is summarily affirmed under N.D.R.App.P. 35.1(a)(7); Beylund v. Levi, 2017 ND 30.



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2017 ND 55

Brent William Ueckert, Appellant
v.
Director, North Dakota Department of Transportation, Appellee

No. 20160152

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable John W. Grinsteiner, Judge.
AFFIRMED.
Per Curiam.
Michael R. Hoffman, P.O. Box 1056, Bismarck, ND 58502-1056, for appellant.
Douglas B. Anderson, Office of Attorney General, 500 N. Ninth St., Bismarck, ND 58501-4509, for appellee.

Ueckert v. Director, N.D. Dep't of Transp.No. 20160152

Per Curiam.

[¶1] Brent Ueckert appealed the district court judgment affirming the Department of Transportation hearing officer's decision to suspend his driving privileges for 180 days. Ueckert argued the results of his blood test were obtained in violation of his constitutional rights and his consent was invalid because he was threatened with criminal prosecution if he refused. We summarily affirm under N.D.R.App.P. 35.1(a)(7); Beylund v. Levi, 2017 ND 30, ¶ 28 ("We conclude the exclusionary rule does not require exclusion of the results of the warrantless blood test in these civil administrative license suspension proceedings.").

[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Carol Ronning Kapsner
Dale V. Sandstrom, S.J.

[¶3] The Honorable Jerod E. Tufte was not a member of the Court when this case was heard and did not participate in this decision. Surrogate Judge Dale V. Sandstrom, sitting.

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