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Isaak v. Sprynczynatyk4/16/2002
Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Ronald L. Hilden, Judge.
REVERSED.
[ ] The North Dakota Department of Transportation ("Department") appealed from a district court judgment reversing an administrative hearing officer's decision to suspend the driving privileges of Michael Isaak for 365 days and imposing, instead, a suspension of 91 days. We reverse and direct the district court to reinstate the suspension for 365 days.
[ ] Isaak was stopped for speeding. He smelled of alcohol and was given field sobriety tests, which he failed. Isaak submitted to a blood test, which showed he had a blood-alcohol concentration of .16 by weight. He was arrested and charged with Driving Under the Influence ("DUI").
[ ] At the administrative hearing, a certified copy of Isaak's North Dakota driving record was admitted into evidence. This record showed Isaak had been arrested for a similar offense in Arkansas in 1998, and as a result had his North Dakota driving license suspended. Considering Isaak's prior violation, the administrative hearing officer issued a decision suspending Isaak's driving privileges for 365 days, the suspension period for a second offense within five years under N.D.C.C. § 39-20-04.1(1)(b).
[ ] Isaak appealed to the district court. As required by statute, Isaak submitted "specifications of error." In the specifications of error, Isaak listed the following errors:
1. The destruction of notes by the arresting officer should have prevented the introduction of the field sobriety tests and consequently there would be no probable cause.
2. There was improper foundation for the introduction of the blood test results.
3. Any other issues to be determined following a review of the hearing transcript.
[ ] Despite arguing at the administrative hearing there should be no penalty enhancement because the foundation for the first offense was improper, Isaak did not list the error in the specifications of error. Nevertheless, Isaak's sole argument before the district court was there should be no penalty enhancement, because the foundation for the first offense was improper. The district court reversed the administrative hearing officer and imposed a suspension of 91 days, the suspension period for a single DUI within five years under N.D.C.C. § 39-20-04.1(1)(a).
I.
[ ] The Department asserts the 365-day administrative suspension should be reinstated because Isaak's specifications of error failed to identify the sole issue Isaak raised before the district court. Isaak argues, however, his inclusion of the phrase " ny other issues to be determined following a review of the hearing transcript" is sufficiently specific to satisfy the requirements of N.D.C.C. § 28-32-42(4). Although this issue was raised and argued by the Department in the appeal to the district court the district court did not address it. Both the Department and Isaak are asking us to construe the applicable statute in a particular way, and construction of a statute is a question of law, fully reviewable by this Court. E.g., State v. Rambousek, 479 N.W.2d 832, 834 (N.D. 1992).
[ ] A party appealing from an administrative hearing officer's decision now must comply with the specifications-of-error requirement of N.D.C.C. § 28-32-42(4). Before August 1, 2001, however, these requirements were included in N.D.C.C. § 28-32-15(4), which contained identical language as N.D.C.C. § 28-32-42(4). Isaak was arrested June 8, 2001. An administrative hearing was held July 18, 2001. Isaak appealed the administrative hearing officer's decision to the district co
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