North Dakota

CASES
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  • Bienek v. Department of Transp., 736 N.W.2d 492 (N.D. 2007)
    Department of Transportation's suspension of licensee's noncommercial driving privileges following his arrest for driving under the influence (DUI) was a "conviction," so as to support lifetime suspension of licensee's commercial driving privileges after his second DUI conviction, although licensee had accepted the suspension of his driving privileges prior to dismissal of the DUI charge. The word "conviction" was defined, in part, as a determination that a person has violated or failed to comply with the law in an authorized administrative tribunal, and Department's decision to suspend licensee's driving privileges was a determination made by an authorized administrative tribunal. NDCC 39-06.2-02(8), 39-06.2-10(8).
  • Dawson v. North Dakota Dept. of Transp., 830 N.W.2d 221 (2013)
    Driver sought review of decision of the Department of Transportation (DOT) to suspend his driving privileges for two years for driving under the influence of alcohol. The District Court, Burleigh County, South Central Judicial District, Gail H. Hagerty, J., affirmed. Driver appealed. The Supreme Court, Maring, J., held that: [1] witnesses' out-of-court statements regarding the time accident occurred were not admissible under present sense impression exception to hearsay, and [2] DOT's failure to establish time of driving precluded suspension. Reversed and remanded.
  • Hamre v. North Dakota Dept. of Transp., 842 N.W.2d 865 (2014)
    Truck driver sought judicial review of decision of Department of Transportation (DOT) disqualifying truck driver's commercial driver's license for one year. The District Court, Grand Forks County, Northeast Central Judicial District, Harlan Patrick Weir, J., affirmed. Truck driver appealed. Holdings: The Supreme Court, Crothers, J., held that: [1] truck driver's specification of error stating that DOT erroneously applied statutory chapter governing commercial driver's licenses was minimally sufficient; [2] for purposes of statute requiring disqualification of commercial driver's licenseholder due to first conviction of driving while under the influence of alcohol (DUI), administrative suspension of truck driver's noncommercial driving privileges following arrest for DUI was “conviction”; [3] statute requiring disqualification of commercial driver's licenseholder from operating commercial motor vehicle for one year due to first DUI conviction was not void for vagueness; and [4] truck driver was not entitled to attorney fees. Affirmed.
  • Lentz v. Spryncznatyk, 708 N.W.2d 859 (N.D. 2006)
    Statute providing for lifetime suspension of commercial driving privileges if licensee suffers a second conviction for driving under the influence (DUI) while operating a noncommercial motor vehicle was not applied retroactively, by Department of Transportation, to a licensee, for purposes of state's statutory presumption against retroactive application of legislation, though the licensee's first DUI offense had occurred before effective date of lifetime suspension provision, where the triggering offense, i.e., the second DUI conviction, occurred after the provision's effective date. NDCC 1-02-10, 39-06.2-10(8).
STATUTES

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

  • No reference.

10-Day Posting Requirement

Other CDL Provisions