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Seela v. Moore12/22/1999
Appeal from the District Court of Stark County, Southwest Judicial District, the Honorable Ronald L. Hilden, Judge.
REVERSED AND REMANDED.
[ ] The Director of the North Dakota Department of Transportation appealed from a district court judgment reversing the administrative suspension of Gerald L. Seela's drivers license for driving while under the influence of alcohol. We conclude the arresting officer had probable cause to arrest Seela. We, therefore, reverse the judgment and remand for reinstatement of the administrative license suspension.
[ ] Officers Wade Kadrmas and Jason Dellwo were on duty in their patrol car on January 30, 1999 when they observed Seela driving a Chevrolet Blazer in Dickinson about 1:18 a.m. Kadrmas knew Seela's driving privileges were under suspension, so he drove his patrol car next to the Blazer to confirm that Seela was the driver. Kadrmas then pulled behind the Blazer and activated the patrol car's top lights, signaling the driver to stop. Seela did not pull over until he had driven about five blocks. When Kadrmas exited the patrol car and approached the Blazer, Seela rolled down his window. Kadrmas immediately smelled an odor of alcohol coming from inside the Blazer and saw that Seela's eyes were bloodshot and watery. Seela stepped out of the Blazer and Kadrmas smelled a strong odor of alcohol emanating from Seela. While Officer Dellwo administered field sobriety tests, Kadrmas saw Seela swaying from side to side and from front to back. After administering the field sobriety tests, Dellwo instructed Kadrmas to arrest Seela. Kadrmas made the arrest, and Seela agreed to a blood alcohol test, the results of which showed Seela had a blood alcohol content of .25 percent by weight, which is above the legal limit of .10.
[ ] The Department notified Seela of its intent to suspend his license, and Seela requested an administrative hearing. A hearing officer found Kadrmas had probable cause to arrest Seela for driving a vehicle while under the influence of intoxicating liquor. The hearing officer concluded the results of the blood test showed Seela had been driving with a blood alcohol concentration above the legal limit, and she suspended Seela's driving privileges for two years. Seela appealed to the district court. In a cursory memorandum opinion, the district court concluded Seela was not afforded a fair hearing, because the Department did not call Dellwo, who had "share the task of gathering probable cause for arrest." The court reversed the administrative license suspension.
[ ] On appeal, the Department argues Kadrmas had probable cause, based solely upon his own observations, to arrest Seela for driving while under the influence of alcohol. The Department asserts its failure to call Dellwo to testify did not deny Seela a fair hearing, because Dellwo's actions and observations were not relied upon by the hearing officer and were not necessary to support Kadrmas's probable cause determination.
[ ] The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs appeals from an administrative hearing officer's suspension of a drivers license under N.D.C.C. § 39-20-04.1. On appeal from the district court we review the record of the administrative agency. Kahl v. Director, North Dakota Dep't of Transp., 1997 ND 147, 9, 567 N.W.2d 197. The decision of the agency must be affirmed on appeal if: 1) the findings of fact are supported by a preponderance of the evidence; 2) the conclusions of law are sustained by the findings of fact; 3) the decision is supported by the conclusions of law; and 4) the decision is in accordance with the law. Id. at 10. We accord great deference to administrative agency rulings, an
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