October 28, 2014
Leigh Allen Gerhard Tveito, Appellant
Director, North Dakota Department of Transportation, Appellee
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
Michael R. Hoffman (on brief), Bismarck, ND, for appellant.
Michael T. Pitcher (on brief), Office of Attorney General, Bismarck, ND, for appellee.
Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.
[¶1] Leigh Allen Gerhard Tveito appeals from a district court judgment affirming a North Dakota Department of Transportation hearing officer's order suspending his driving privileges. Tveito argues the blood test taken by law enforcement was a warrantless search, the Department failed to establish an exception to the warrant requirement, his alleged consent was not voluntary because he was threatened with criminal prosecution if he did not consent, and the hearing officer improperly admitted his chemical blood test records into evidence. The district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7), State v. Boehm, 2014 ND 154, ¶ ¶ 17-22, 849 N.W.2d 239.
[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom