Hamre v. North Dakota Department of Transportation

Summary

The North Dakota Supreme Court affirmed an order disqualifying Michael A. Hamre’s commercial driver’s license for one year based on an administrative suspension of his noncommercial license following a DUI arrest. The Court held that the administrative suspension constituted a conviction under N.D.C.C. § 39-06.2-10(7), rejected the vagueness challenge, declined to consider the unpreserved challenge to the suspension’s commencement date, and denied attorney fees and costs.

Holdings

1. An administrative suspension of a person's noncommercial driving privileges is a conviction under the commercial driver's license provisions of N.D.C.C. § 39-06.2-10(7) (2011), and therefore may support a one-year commercial driver's license disqualification.
2. N.D.C.C. § 39-06.2-10(7) is not unconstitutionally vague.
3. Hamre's challenge to the commencement date was not preserved because it was not included in his specifications of error in the petition for judicial review; the court therefore declined to address it.
4. Hamre was not entitled to attorney fees and costs because the court did not rule in his favor.

Questions Presented

1. Whether an administrative suspension of a noncommercial driver's license constitutes a conviction under N.D.C.C. § 39-06.2-10(7) (2011), requiring a one-year commercial driver's license disqualification.
2. Whether N.D.C.C. § 39-06.2-10(7) (2011) is unconstitutionally vague.
3. Whether Hamre preserved his challenge to the commencement date of the commercial driver's license disqualification.
4. Whether Hamre was entitled to attorney fees and costs under N.D.C.C. § 28-32-50(1).

Disposition

affirmed