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HAWES v. NORTH DAKOTA DEPT. OF TRANSP.

Nos. 20070059, 20070060.

741 N.W.2d 202 (2007)

2007 ND 177

Shyla SUSAN HAWES, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee. State of North Dakota, Plaintiff and Appellee v. Shyla Susan Hawes, Defendant and Appellant.

Supreme Court of North Dakota.

November 14, 2007.

Attorney(s) appearing for the Case

Alexander F. Reichert, Reichert Armstrong Law Office, Grand Forks, ND, for petitioner, defendant and appellant.

Andrew Moraghan (argued) and Michael Pitcher (appeared), Assistant Attorneys General, Office of Attorney General, Bismarck, ND, for respondent and appellee North Dakota Department of Transportation.

Arthur W. Stokes, State's Attorney, Wahpeton, ND, for plaintiff and appellee State of North Dakota. Submitted on brief.

VANDEWALLE, Chief Justice.

[¶ 1] Shyla Hawes appealed from a criminal judgment after a jury found her guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor and from a district court judgment affirming the suspension of her driving privileges by the Department of Transportation ("Department"). We conclude the district court's jury instruction was not reversible error, the prosecutor's closing argument was...

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