Opinion
No. 20110334.
2012-04-10
Kirby Clarence RUDOLPH, Plaintiff and Appellant v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge. Danny Lee Herbel (argued), Bismarck, ND, for plaintiff and appellant. Michael Trent Pitcher (argued), Assistant Attorney General, Office of Attorney General, Bismarck, ND, for defendant and appellee.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.
Danny Lee Herbel (argued), Bismarck, ND, for plaintiff and appellant. Michael Trent Pitcher (argued), Assistant Attorney General, Office of Attorney General, Bismarck, ND, for defendant and appellee.
PER CURIAM.
[¶ 1] Kirby Clarence Rudolph appeals a district court judgment affirming a North Dakota Department of Transportation hearing officer's decision revoking his driving privileges for three years. Rudolph argues law enforcement did not have a reasonable and articulable suspicion to stop his vehicle. We conclude the agency's order is supported by a preponderance of the evidence and summarily affirm under N.D.R.App.P. 35.1(a)(5).