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Sonsthagen v. Sprynczynatyk6/5/2003
AFFIRMED.
[ ] Jeffrey Sonsthagen appeals from the district court's September 27, 2002, Memorandum Opinion and Order affirming the North Dakota Department of Transportation's decision to revoke Sonsthagen's driving privileges for two years. We affirm.
I.
[ ] On June 14, 2002, a North Dakota Highway Patrol Officer was traveling northbound through a construction zone on Interstate 29 in Fargo. The officer noticed Sonsthagen's vehicle approaching the Interstate from the on-ramp and traveling at what the officer believed was a speed in excess of the posted speed limit. Sonsthagen's vehicle failed to yield as it entered the Interstate. As a result, the officer stopped the vehicle. The officer approached the vehicle, and as Sonsthagen rolled down his window, the officer detected a strong odor of marijuana coming from inside. The officer also observed Sonsthagen's eyes were red and squinty. The officer asked Sonsthagen to step out of his vehicle and to perform several field sobriety tests including an ABC test, a sway test, a counting test, a walk-and-turn test, and a one-leg stand test. Sonsthagen failed the sway test, the walk-and-turn test, and the one-leg stand test. The officer placed Sonsthagen under arrest for driving a motor vehicle under the influence of drugs and transported him to the Cass County Correctional Center.
[ ] Once at the correctional center, the officer read Sonsthagen the implied consent advisory and asked him to submit to a urine test. Sonsthagen asked to speak to a lawyer, so the officer provided him with a telephone book. After attempting to contact a lawyer, Sonsthagen informed the officer he would not speak to him anymore. Considering Sonsthagen's statement as a refusal to take the urine test, the officer took possession of Sonthagen's license and issued a Report and Notice of the director's intent to revoke his driving privileges.
[ ] An administrative hearing was held on July 9, 2002. The hearing officer concluded that the officer had reasonable grounds to believe Sonsthagen was driving a vehicle while under the influence of drugs, that Sonsthagen was placed under arrest, and that Sonsthagen refused to submit to the urine test. Therefore, Sonsthagen's driving privileges were revoked for two years.
[ ] Sonsthagen appealed the administrative decision to the district court. A hearing was held on September 16, 2002, and the court issued its Memorandum Opinion and Order on September 27, 2002, affirming the administrative decision. The judgment was entered on October 15, 2002. Sonsthagen appeals.
[ ] On appeal, Sonsthagen argues the hearing officer erroneously concluded the arresting officer had reasonable grounds to believe Sonsthagen was driving while under the influence of drugs because: 1) the hearing officer erred in his evidentiary rulings and failed to conduct the hearing in a fair and impartial manner; and 2) the hearing officer's findings of fact do not support his conclusions of law. We do not agree with Sonsthagen's contentions.
II.
[ ] The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs review of administrative decisions to suspend or revoke a driver's license. See Buchholz v. North Dakota Dep't of Transp., 2002 ND 23, 6, 639 N.W.2d 490. We review the administrative agency's decision, not the district court's decision, by examining the record that was before the agency. See id. The agency's decision must be affirmed unless:
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied
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