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Tveito v. Director, North Dakota Department of Transportation

Supreme Court of North Dakota

October 28, 2014

Leigh Allen Gerhard Tveito, Appellant
v.
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.

OPINION

Per Curiam.

[¶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, ...


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