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McCOY v. NORTH DAKOTA DEPT. OF TRANSP.

No. 20130300.

848 N.W.2d 659 (2014)

2014 ND 119

Ronald Dale McCOY, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied July 17, 2014.

Attorney(s) appearing for the Case

Thomas F. Murtha IV , Dickinson, N.D., for petitioner and appellant.

Michael T. Pitcher , Office of Attorney General, Bismarck, N.D., for defendant and appellee.

CROTHERS, Justice.

[¶ 1] Ronald Dale McCoy appeals from a district court judgment affirming a Department of Transportation decision suspending his driving privileges for 180 days. We affirm because McCoy consented to take the chemical breath test given by the law enforcement officer and McCoy's constitutional rights were not violated as a matter of law by North Dakota's implied consent law.

I

[¶ 2] In March 2013, a Stark County sheriff...

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