[¶ 8] This court exercises limited review in appeals involving a driver's license suspension. Henderson v. Dir., N.D. Dep't of Transp., 2002 ND 44, ¶ 6, 640 N.W.2d 714. This court does not review the district court decision, but rather, reviews the agency's decision. Id. (citing Morrell v. N.D. Dep't of Transp., 1999 ND 140 ¶ 6, 598 N.W.2d 111).
The term "reasonable grounds" is synonymous with the term "probable cause." See Henderson v. Director, North Dakota Dep't of Transp., 2002 ND 44, ¶ 8, 640 N.W.2d 714. "Probable cause to arrest exists when the facts and circumstances within police officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a person of reasonable caution in believing an offense has been or is being committed." Id. (quoting Fargo v. Egeberg, 2000 ND 159, ¶ 8, 615 N.W.2d 542).
Isaak v. Sprynczynatyk, 2002 ND 64, * 10, 642 N.W.2d 860. "This Court exercises a limited review in appeals involving drivers' license suspensions or revocations." _Henderson v. Director, N.D. Dep't of Transp., 2002 ND 44, * 6, 640 N.W.2d 714. On appeal, we review the administrative agency's decision.
SeeIn re Estate of Brandt , 2019 ND 87, ¶ 32, 924 N.W.2d 762. "Failure to raise an issue at the administrative hearing normally precludes review by this Court." Henderson v. Dir., N.D. Dep't of Transp. , 2002 ND 44, ¶ 14, 640 N.W.2d 714 (quoting Bieber v. N.D. Dep't of Transp. Dir. , 509 N.W.2d 64, 68 (N.D. 1993) ). "We will reverse the district court's judgment when the basis of the decision was not raised in the administrative hearing."
A reviewing court must give deference to the hearing officer’s findings of fact and may not make independent findings or substitute its judgment for that of the Department. Henderson v. Dir., N.D. Dep't of Transp. , 2002 ND 44, ¶ 6, 640 N.W.2d 714.III
Sonsthagen, 2003 ND 90, ¶ 17, 663 N.W.2d 161. “Probable cause to arrest exists when the facts and circumstances within police officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a person of reasonable caution in believing an offense has been or is being committed.” Id. (quoting Henderson v. Dir., N.D. Dep't of Transp., 2002 ND 44, ¶ 8, 640 N.W.2d 714). [¶ 15] The report to dispatch, the time of day, and Czapiewski's observations are all relevant to the probable cause determination.
" Id. (internal quotation omitted). Under N.D.C.C. § 39-20-07(5), the results of chemical analysis to determine blood alcohol content must be received in evidence if the test sample was properly obtained, and the test was fairly administered and shown to have been performed in accordance with methods and devices approved by the State Toxicologist. Henderson v. Director, N.D. Dep't of Transp., 2002 ND 44, ¶ 16, 640 N.W.2d 714. Absent testimony by the State Toxicologist, a foundational requirement necessary to show fair administration of a breathalyzer test and admissibility of the test results is a showing that the test was administered in accordance with the approved methods filed with the clerk of the district court. Ringsaker v. Director, N.D. Dep't of Transp., 1999 ND 127, ¶ 8, 596 N.W.2d 328. The purpose of N.D.C.C. § 39-20-07 is to ease the requirements for the admissibility of chemical test results while assuring that the test upon which the results are based is fairly administered. Lee v. North Dakota Dep't of Transp., 2004 ND 7, ¶ 10, 673 N.W.2d 245.
The term "reasonable grounds" used in N.D.C.C. § 39-20-05 is synonymous with the term "probable cause." Rist v. North Dakota Dep't of Transp., 2003 ND 113, ¶ 15, 665 N.W.2d 45; Henderson v. Dir, North Dakota Dep't of Transp., 2002 ND 44, ¶ 8, 640 N.W.2d 714. "`Probable cause to arrest exists when the facts and circumstances within police officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a person of reasonable caution in believing an offense has been or is being committed.'" Rist, at ¶ 15 (quoting Henderson, at ¶ 8).
The material filed under this section may be supplemented when the state toxicologist determines it to be necessary, and any supplemental material has the same force and effect as the material that it supplements. [¶ 6] Under N.D.C.C. § 39-20-07(5), the results of chemical analysis to determine blood alcohol content must be received in evidence if the test sample was properly obtained, and the test was fairly administered and shown to have been performed in accordance with methods and devices approved by the State Toxicologist. Henderson v. Director, N.D. Dep't of Transp., 2002 ND 44, ¶ 16, 640 N.W.2d 714. Absent testimony by the State Toxicologist, a foundational requirement necessary to show fair administration of a breathalyzer test and admissibility of the test results is a showing that the test was administered in accordance with the approved methods filed with the clerk of the district court. Ringsaker v. Director, N.D. Dep't of Transp., 1999 ND 127, ¶ 8, 596 N.W.2d 328. The purpose of N.D.C.C. § 39-20-07 is to ease the requirements for the admissibility of chemical test results while assuring that the test upon which the results are based is fairly administered. Lee v. North Dakota Dep't of Transp., 2004 ND 7, ¶ 10, 673 N.W.2d 245. Whether an Intoxilyzer test has been properly administered can be determined by proving that the method approved by the State Toxicologist has been scrupulously followed.
The term "reasonable grounds" is synonymous with the term "probable cause." See Henderson v. Director, North Dakota Dep't of Transp., 2002 ND 44, ¶ 8, 640 N.W.2d 714. "Probable cause to arrest exists when the facts and circumstances within police officers' knowledge and of which they have reasonably trustworthy information are sufficient to warrant a person of reasonable caution in believing an offense has been or is being committed." Id. (quoting Fargo v. Egeberg, 2000 ND 159, ¶ 8, 615 N.W.2d 542).