2010 ND 235 | N.D. | 2010
Filed 12/7/10 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
Kenneth Paul Hoover, Appellant
v.
Director, North Dakota
Department of Transportation, Appellee
No. 20100226
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.
AFFIRMED.
Per Curiam.
Michael R. Hoffman, P.O. Box 1056, Bismarck, ND 58502-1056, for appellant.
Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, 500 N. 9th Street, Bismarck, ND 58501-4509, for appellee.
Hoover v. N.D. Dept. of Transportation
No. 20100226
Per Curiam.
[¶1] Kenneth Paul Hoover appealed a district court’s judgment affirming the administrative revocation of his driver’s license. Hoover argues he was denied the opportunity to cure his prior refusal to submit to a blood test. We affirm the district court’s judgment under N.D.R.App.P. 35.1(a)(5). See Houn v. N.D. Dep’t of Transp. , 2000 ND 131, ¶ 9, 613 N.W.2d 29 (noting the arrestee has the burden of curing a prior refusal within two hours of driving) (citing Lund v. Hjelle , 224 N.W.2d 552, 557 (N.D. 1974)).
[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Zane Anderson, D.J.
[¶3] The Honorable Zane Anderson, D.J., sitting in place of Sandstrom, J., disqualified.
