Loren Matthew Fisher v. North Dakota Department of Transportation

Bismarck, North Dakota restoration of driving privileges criminal defense lawyer represented the Plaintiff.

[¶1] Loren Fisher appeals from a district court judgment affirming the decision of a Department of Transportation hearing officer, which suspended his driving privileges for a period of 91 days. On appeal, he argues the Department did not have authority to suspend his driving privileges, because he did not receive the Report and Notice containing the temporary operator's permit. We affirm.



[¶2] Fisher was arrested and jailed for driving under the influence after an onsite blood alcohol concentration test showed a concentration above the legal limit. A deputy filled out a Report and Notice containing a temporary operator's permit and explained the permit to him. The policy at the Burleigh Morton Detention Center prohibited the deputy from handing the permit or other documents to an inmate at the jail, so the deputy gave Fisher's permit and other documents to the jail staff. But when Fisher was released, only the citations and warnings were with his property. He was not given the Report and Notice containing the temporary operator's permit.



[¶3] Fisher requested a hearing with the Department on the advice of counsel. At the hearing, he argued he lacked notice as required by statute because he was not issued the Report and Notice containing the temporary operator's permit, so the Department lacked authority to suspend his license. The hearing officer concluded the Deputy issued the temporary operator's permit by informing Fisher about it and handing it to jail staff to be placed with Fisher's property. The hearing officer also concluded Fisher timely requested a hearing and made no showing of prejudice. The hearing officer suspended Fisher's license for ninety-one days.

[¶4] Fisher appealed the Department's suspension of his license to the district court. The district court affirmed the hearing officer's decision. Fisher appeals.



Affirmed



Fisher v. N. Dakota Dep't of Transp., 2024 ND 128, 20240046 (N.D. Jul 05, 2024)