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

Phillip Martinson appealed a district court judgment affirming an agency decision to suspend his driver's license for 180 days for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, a class C felony. The North Dakota Supreme Court determined a fact-finder could reasonably conclude the driveway at issue, although private, was an area "to which the public has a right of access for vehicular use." Accordingly, the Court affirmed. View "Martinson v. N.D. Dep't of Transportation" on Justia Law