B.D.H. v. Mickelson

Filed 12/7/10 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2010 ND 234 Kenneth Paul Hoover, Appellant v. Director, North Dakota Department of Transportation, Appellee No. 20100226 Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge. AFFIRMED. Per Curiam. Michael R. Hoffman, P.O. Box 1056, Bismarck, ND 58502-1056, for appellant. Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, 500 N. 9th Street, Bismarck, ND 58501-4509, for appellee. Hoover v. N.D. Dept. of Transportation No. 20100226 Per Curiam. [¶1] Kenneth Paul Hoover appealed a district court’s judgment affirming the administrative revocation of his driver’s license. Hoover argues he was denied the opportunity to cure his prior refusal to submit to a blood test. We affirm the district court’s judgment under N.D.R.App.P. 35.1(a)(5). See Houn v. N.D. Dep’t of Transp. , 2000 ND 131, ¶ 9, 613 N.W.2d 29 (noting the arrestee has the burden of curing a prior refusal within two hours of driving) (citing Lund v. Hjelle , 224 N.W.2d 552, 557 (N.D. 1974)). [¶2] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Zane Anderson, D.J. [¶3] The Honorable Zane Anderson, D.J., sitting in place of Sandstrom, J., disqualified.