Haynes v. Director, Department of Transportation
2014 ND 161
| N.D. | 2014Background
- Haynes was arrested for actual physical control of a vehicle while intoxicated on July 27, 2013; he refused both on-site and standard chemical tests after implied-consent advisories.
- Officer Brown did not have the correct Report and Notice form at arrest and had to obtain it from the station, delivering it to jail via another officer in an elevator.
- The Report and Notice included a temporary operator’s permit, serving as notice of the Director’s intent to revoke driving privileges.
- Haynes, an Arkansas resident, was treated under ND Century code provisions governing nonresident revocation procedures (section 39-20-03.2).
- The hearing officer found the Report and Notice, including the temporary permit, was issued to Haynes and timely requested a hearing; the district court affirmed the revocation of his driving privileges for 180 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Department have authority to revoke without immediate issuance and personal service? | Haynes contends § 39-20-03.2 requires immediate issuance and personal service. | Department contends issuance suffices and service is not required; due process satisfied. | Yes; issuance suffices and service is not required; Department had authority. |
| Is delay in issuing the temporary permit prejudicial to Haynes? | Delay in issuance prejudices due process. | No prejudice shown; delay not dispositive. | Delay did not prejudice Haynes; authority remains. |
| Must the temporary permit be issued immediately and personally served to be valid? | Immediate issuance/personal service required by strict reading. | Issuance suffices; service not required. | Issuance is mandatory; service not required. |
Key Cases Cited
- Ike v. Director, N.D. Dep’t of Transp., 2008 ND 85 (ND (2008)) (issuance of temporary permit does not require service; serves as notice)
- Samdahl v. N.D. Dep’t of Transp. Director, 518 N.W.2d 714 (ND 1994) (immediacy requirement may be relaxed if no prejudice)
- Schock v. N.D. Dep’t of Transp., 2012 ND 77 (ND (2012)) (warned against prejudicial conduct; reversal not warranted absent prejudice)
- Potratz v. N.D. Dep’t of Transp., 2014 ND 48 (ND (2014)) (strict compliance not necessary to deprive department of authority)
- Aamodt v. N.D. Dep’t of Transp., 2004 ND 134 (ND (2004)) (mandatory provisions required for authority; not always strictly literal)