Jorgenson v. NDDOT
Annotate this CaseThe North Dakota Department of Transportation appealed a district court judgment reversing a hearing officer’s decision suspending Brandon Jorgenson’s driving privileges for 180 days. The Department argued the court erred in determining that, regardless of whether Jorgenson raised a proper objection at the administrative hearing regarding the omission of the phrase “directed by the law enforcement officer” from the implied consent advisory, the court could reverse the hearing officer’s decision if its findings of fact were not supported by the preponderance of evidence. The North Dakota Supreme Court found it was undisputed in this case that the deputy omitted the phrase “directed by the law enforcement officer” from the implied consent advisory. Section 39-20-01(3)(b), N.D.C.C., stated, “A test administered under this section is not admissible in any criminal or administrative proceeding to determine a violation of section 39-08-01 or this chapter if the law enforcement officer fails to inform the individual charged as required under [N.D.C.C. § 39-20-01(3)(a)].” In Vagts, 932 N.W.2d 523 (2019), the Supreme Court concluded that “the officer’s omission of the phrase ‘directed by the law enforcement officer’ was a substantive omission and did not comply with the statutory requirements for the implied consent advisory.” Therefore, the Court concluded the district court properly reversed the hearing officer's decision.
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