Painte v. Director, Dep't of Transportation
2013 ND 95
| N.D. | 2013Background
- Dept. of Transportation appeals district court reversal of a 180‑day driving privilege suspension for Painte.
- Mandan police arrested Painte in March 2012 after finding a running vehicle with a reportedly intoxicated occupant who was slumped in the seat.
- Officer observed a pool of vomit, nose bleed, strong odor of alcohol, red eyes, and Painte was difficult to understand.
- Painte failed field sobriety tests and BAC was 0.217% by weight from a blood test.
- District court reversed the hearing officer, but the Supreme Court reinstates the hearing officer’s suspension decision.
- Issue centers on whether the officer had reasonable grounds to find Painte in actual physical control and whether the chemical test was properly admitted under N.D.C.C. ch. 39-20.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were reasonable grounds Painte was in actual physical control | Painte argues no nexus shown for control | Department contends findings show ability to manipulate vehicle controls | District court erred; findings support actual physical control. |
| Whether the chemical test results were admissible with proper foundation | Painte argues improper foundation for lab designee | Department argues Grieger-Nimmo valid designee and certification | Foundation proper; lab results admitted; district court reversed. |
Key Cases Cited
- Hawes v. N.D. Dep’t of Transp., 741 N.W.2d 202 (2007 ND 177) (standard for weigh of evidence and agency deference on factual findings)
- Jordheim v. North Dakota Dep’t of Transp., 508 N.W.2d 878 (ND 1993) (statutory admissibility of blood test evidence; prima facie evidence)
- Schlosser v. North Dakota Dep’t of Transp., 775 N.W.2d 695 (2009 ND 173) (requires scrupulous compliance or expert testimony for fair administration)
- Nygaard v. State, 426 N.W.2d 547 (ND 1988) (foundation for chemical test admissibility)
- In re T.J.K., 598 N.W.2d 781 (ND 1999) (implication of findings when reasoning discernible)
- Salvaggio v. North Dakota Dep’t of Transp., 477 N.W.2d 195 (ND 1991) (actual physical control broader interpretation; not require instant ability to drive)