 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Presteng v. Director6/5/1998
received without objection during the hearing, the officer observed that, in addition to the alcohol odor, Presteng had bloodshot, glassy eyes.
[ ] We have previously held these observations to be relevant factors in a probable cause to arrest determination. See Baer, 1997 ND 222, , 571 N.W.2d 829; Chadwick v. Moore, 551 N.W.2d 783, 786 (N.D. 1996). Based upon the evidence in the record and the hearing officer's findings of fact, we conclude the arresting officer's belief that alcohol contributed to the accident was reasonable. We, therefore, conclude probable cause existed to arrest Presteng for driving a vehicle under the influence of alcohol.
IV.
[ ] The hearing officer's findings of fact are supported by a preponderance of evidence, the Conclusions of law are sustained by the findings of fact, and the decision is in accordance with the law. We thus reverse the district court judgment and reinstate the administrative suspension of Presteng's driving privileges.
Page 1 2 3 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|