SBAND Seminar Materials DUI Case Law Update Materials | Page 13

and notice for refusal and released Morrow. The trooper listed N/A in the box for probable cause to arrest. Procedure: ND DOT suspended Morrow and the district court affirmed. Morrow appealed arguing NDCC § 39-20-04 required the officer to include his observations that Morrow’s body contained alcohol on the report and notice. ND Supreme Court REVERSED. Holding: The Department's authority to suspend a person's license is given by statute and is dependent upon the terms of the statute. The Department must meet the basic and mandatory provisions of the statute to have authority to suspend a person's driving privileges. The requirement that an officer include his or her observation that a driver's body contained alcohol on the report and notice is basic and mandatory for the Department of Transportation to have authority to suspend the driver's license for refusal to submit to an onsite screening test. Allowing the Department to infer elements that are basic and mandatory without any factual basis on the report to support the inference slants the law too much toward the Department's convenience. VI. Legislative Changes Disclaimer: This handout is designed to be a quick reference guide to the criminal law changes that occurred during the 2013 North Dakota legislative session. The notes following the bill numbers below are not designed to fully explain every change found in the legislation. Please review the latest text versions of the bills to see all possible affected changes. Full bill version can be found at: http://www.legis.nd.gov/assembly/63-2013/regular If you believe a bill is missing from this list or you have any other comments or questions you can contact Aaron Birst, NDACo legal counsel: [email protected] HB 1027 Impacts: 39-06-17, 39-06-42 & 39-06.1-11 Court may dismiss DUS charge upon motion by the defendant if the defendant's operator's license is reinstated within sixty days of the date of the offense. HB 1070 Impacts: 19-03.1-05, 19-03.1-09, 19-03.1-11 & 19-03.1-13 Changes to the controlled substance schedule. HB 1077 Impacts: 5-01 Creation of new winery regulation. HB 1101 Impacts: 50-31 & 50-31-01 13