Gardner v. N.D. Dep’t of Transportation

Clinton Gardner appealed a district court judgment that affirmed a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for one year. Gardner argued that because he wasn't given the implied consent advisory for the request for chemical testing, his conduct could not be deemed a refusal. He also argued he consented to the test when he said "yeah, I'll take the test," but was never given the opportunity to take the test. The administrative officer found the arresting officer had reasonable grounds to believe Gardner was in actual physical control of a vehicle, and had effectively refused the blood test by his conduct despite stating he would take the test. Upon review, the Supreme Court concluded that the hearing officer's decision was supported by the weight of the evidence in the record, and was entitled to deference. View "Gardner v. N.D. Dep't of Transportation" on Justia Law