BERGER v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20100189.

795 N.W.2d 707 (2011)

2011 ND 55

Eugene Mike BERGER, Plaintiff and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of North Dakota.

March 22, 2011.


Attorney(s) appearing for the Case

Danny Lee Herbel , Bismarck, N.D., for plaintiff and appellant; submitted on brief.

Michael Trent Pitcher , Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for defendant and appellee; submitted on brief.


KAPSNER, Justice.

[¶ 1] Eugene Berger appealed from a district court judgment affirming the decision of the hearing officer of the North Dakota Department of Transportation suspending Berger's driving privileges for two years. We affirm, concluding the hearing officer did not violate the law or deny Berger his right to a fair hearing or due process when he rescheduled Berger's administrative hearing.

I

[¶ 2] Berger was arrested for driving...

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