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
- N.D. Cent. Code § 39-06.2-01 - Uniform Commercial Driver's License Act
- N.D. Cent. Code § 39-06.2-14 - Rulemaking authority
What Constitutes a CMV
Major Disqualifying Offenses
- N.D. Cent. Code § 39-06.2.10 - Disqualification and cancellation
- N.D. Cent. Code § 39-06.2-10.1 - Prohibited alcohol offenses for commercial motor vehicle drivers
- N.D. Cent. Code § 39-06.2-10.2 - Implied consent requirements for commercial motor vehicle drivers
- N.D. Cent. Code § 39-06.2.10.c - Disqualification and cancellation (major felony)
Major Disqualifying Offenses (Alcohol)
- N.D. Cent Code § 39-06.2.09-10.1 - Prohibited alcohol offenses for commercial motor vehicle drivers
- N.D. Cent Code § 39-06.2-10.3 - Action following test result for a resident driver
- N.D. Cent Code § 37-10-01-01 - Out-of-Service Order - Driving of Commercial Motor Vehicle
Serious Traffic Offenses
- N.D. Cent Code § 37-10-01-02 Penalty for Violating Out-of-Service Order
- N.D. Cent. Code § 39-06.2.10.5 - Disqualification and cancellation (serious traffic violations)
Identification of Conviction
Masking Convictions
- No reference.
10-Day Posting Requirement
- N.D. Cent. Code § 39-06.2-04 - Notification required by driver
- N.D. Cent. Code § 39-06.2-09.5 - Commercial dr4iver's license (nofication to CDLIS)
Other CDL Provisions
- N.D. Cent. Code § 39-06.2.02 - Definitions
- N.D. Cent. Code § 39-06.2.02(6) - Definitions
- N.D. Cent. Code § 39-06.2.02 - Definitions
- N.D. Cent. Code § 39-06.2.06
- N.D. Cent. Code § 39-06.2-06.1(c) - Commercial license required (military drivers/vehicles)
- N.D. Cent. Code § 39-06.2-06.3 - Commercial driver's license required (farm vehicles)
- N.D. Cent. Code § 39-06.2-06.1(b) - Commercial license required (emergency and fire fighting vehicles)
- N.D. Cent. Code § 39-06.2-06.4 - Commercial license required (removal of snow and ice)
- N.D. Cent Code § 39-06.2.06.5 - Commercial driver's license required (restricted CDL for farm-related service industries)
- N.D. Cent. Code § 39-06.2-10.6 - Disqualification and cancellation (disqualification for railroad-highway grade crossing violation)
- N.D. Cent. Code § 39-06.2-10.9 - Out of service order - Rules
- N.D. Cent. Code § 39-06.2-10.6.b - Disqualification and cancellation (disqualification for railroad-highway grade crossing violation)
- N.D. Cent. Code § 39-06.2-07.3 - Commercial driver's license qualification standards (limitations on licensing)