Suelzle v. NDDOT
Annotate this CaseBenjamin Suelzle appealed a district court judgment affirming a Department of Transportation hearing officer’s decision revoking his driving privileges for two years. Suelzle argued the hearing officer erred: (1) by finding the arresting officer had reasonable grounds to arrest under N.D.C.C. 39-08-01; (2) by admitting a supplemental report and notice form; and (3) by failing to exclude evidence of his test refusal because he was not given a valid implied consent advisory. Specifically, he contended he could not be lawfully arrested under N.D.C.C. 39-08-01 because the alleged actual physical control occurred on the grassy yard of his private residence, which was an improved private residential lot and not a place to which the public has access. The hearing officer rejected Suelzle’s argument that his vehicle was located on private property to which the officer could have no reasonable grounds to believe the public would have a right of access for vehicular use. The North Dakota Supreme Court concluded after review of the Department hearing and district court record that although there was evidence in the record that Suelzle drove under the influence on areas where the public had a right of access before parking on his lawn, he was not charged with driving under the influence. He was charged only with actual physical control of his pickup where it was ultimately parked on his residential grass lawn. The hearing officer’s finding was based on a misapplication of law, and it was not supported by evidence in the record sufficient to show the location of the actual physical control offense was within the scope of N.D.C.C. 39-08-01. The district court's judgment affirming the hearing officer's revocation of Suelzle's driving privileges was reversed.
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