Lindstrom v. N.D. Dept. of Transportation
Annotate this CaseBrandon Lindstrom appealed the district court judgment affirming the hearing officer’s decision to suspend Lindstrom’s license for 180 days. On January 28, 2019, Lindstrom was arrested for driving under the influence and given a chemical breath test which showed he was over the legal limit for driving. Lindstrom requested an adminstrative hearing. The hearing officer found the Highway Patrol Trooper had reasonable grounds to believe Lindstrom was driving a vehicle while under the influence of intoxicating liquor, and the Trooper who stopped Lindstrom forwarded the report and notice form and test results to the Department of Transportation by placing them in the mail in an in-house mailing bin on January 29, 2019. The hearing officer suspended Lindstrom’s driving priviledges for 180 days. Lindstrom appealed to the district court which affirmed the hearing officer’s decision. Lindstrom argued the report and notice was not forwarded to the Department within five days as required by law. Instead, Lindstrom claimed the Trooper placed the report and notice in an in-house mail bin on January 29, 2019, and an envelope postmark showed it was sent seven days later to the Department on February 4, 2019. In affirming the district court, the North Dakota Supreme Court concluded that because the Trooper testified he deposited the report and notice in an in-house mail bin on January 29, 2019, and the hearing officer relied on her common sense and experiences of how in house mailing bins operate, the hearing officer could have reasonably found the report and notice were mailed on January 29, 2019, and therefore were forwarded to the Department on the same day.
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