ABERNATHEY v. DEPARTMENT OF TRANSP.

No. 20080336.

768 N.W.2d 485 (2009)

2009 ND 122

Dean Allan ABERNATHEY, Petitioner and Appellant v. DEPARTMENT OF TRANSPORTATION, Respondent and Appellee.

Supreme Court of North Dakota.

July 9, 2009.


Attorney(s) appearing for the Case

Troy R. Morley, Reichert Armstrong Law Office, Grand Forks, ND, for petitioner and appellant.

Douglas Bruce Anderson, Assistant Attorney General, Bismarck, ND, for respondent and appellee.


KAPSNER, Justice.

[¶ 1] Dean Allan Abernathey appeals from a judgment affirming the Department of Transportation's suspension of his driver's license for being in actual physical control of a vehicle while under the influence of alcohol. Because we conclude the Department correctly determined a law enforcement officer did not violate Abernathey's Fourth Amendment rights, we affirm the judgment.

I

[¶ 2] At approximately 3:00 a.m. on June...

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