Harter v. NORTH DAKOTA DEPT. OF TRANSP.
Decision Date | 06 April 2005 |
Docket Number | No. 20040281.,20040281. |
Citation | 2005 ND 70,694 N.W.2d 677 |
Court | North Dakota Supreme Court |
Parties | Clinton Alan HARTER, Petitioner and Appellant, v. NORTH DAKOTA DEPARTMENT OF TRANSPORTATION, Respondent and Appellee. |
Chad R. McCabe, Vinje Law Firm, Bismarck, ND, for petitioner and appellant.
Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.
[¶ 1] Clayton Harter appeals the district court's judgment affirming a North Dakota Department of Transportation ("Department") hearing officer's decision to suspend his driving privileges for 91 days, arguing North Dakota statutory law does not provide for such a suspension and any ambiguities in the law should be construed against the Department and in favor of Harter. We find the statute provides for the suspension and the criminal rule of lenity does not apply in civil matters. We affirm.
[¶ 2] Harter was stopped for speeding, making loud acceleration sounds, and crossing the lane-dividing line on May 23, 2004. He was 20 years old. The officer smelled alcohol and noticed Harter had bloodshot eyes and slurred speech. Harter passed all the field sobriety tests except the one-leg stand test. He was arrested for Minor in Consumption and detained for blood alcohol concentration testing. Tests indicated his blood alcohol concentration was . 05% by weight, which is below the legal limit for driving for adults 21 or older but above the legal limit for persons under the age of 21.
[¶ 3] A hearing was held in front of a Department hearing officer, and Harter's driving privileges were suspended for 91 days under N.D.C.C. § 39-20-04.1(1)(a). Harter filed an appeal with the district court and the hearing officer's decision was affirmed.
[¶ 4] Harter argues his license cannot be suspended under N.D.C.C. § 39-20-04.1(1)(a) because that section provides a penalty if the driver's alcohol concentration was "at least eight one-hundredths of one percent by weight and under eighteen one-hundredths of one percent by weight." The statute reads, in part:
N.D.C.C. § 39-20-04.1.
[¶ 5] Harter argues part 1 refers to persons under the age of 21 with an alcohol concentration of at least .02% by weight, but subpart (a) does not, so subpart (a) must not apply to persons under the age of 21. He argues the statute is unambiguous, so no extrinsic aids are required for interpretation. The Department argues the language of part 1 referring to persons under the age of 21 should be read into the following subpart and urges this Court to consider legislative intent and find that the legislature intended to apply suspension to persons under the age of 21 who drive with an alcohol concentration of at least .02% by weight.
[¶ 6] This Court reviews "the record and decision of the administrative agency, not the ruling of the district court." Phipps v. N.D. Dep't of Transp., 2002 ND 112, ¶ 6, 646 N.W.2d 704. We will affirm the agency's decision unless:
Id.; N.D.C.C. § 28-32-46.
[¶ 7] "When an `appeal involves the interpretation of a statute, a legal question, this Court will affirm the agency's order unless it finds the agency's order is not in accordance with the law.'" Phipps, 2002 ND 112, ¶ 7, 646 N.W.2d 704 (quoting Erickson v. N.D. Dep't of Transp., 507 N.W.2d 537, 539 (N.D.1993)). Statutory interpretation is a question of law subject to full review upon appeal. Phipps, at ¶ 7.
Our primary objective in the interpretation of a statute is to ascertain the intent of the legislature. We look first to the language of the statute. If the language of a statute is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit. If a statute's language is ambiguous or of doubtful meaning, we may consider extrinsic aids, including legislative history, along with the language of the statute, to ascertain legislative intent.
Id."A statute is ambiguous if it is susceptible to meanings that are different, but rational." Public Service Commission v. Wimbledon Grain Co., 2003 ND 104, ¶ 20, 663 N.W.2d 186. This Court "presume[s] the Legislature did not intend an absurd or ludicrous result or unjust consequences," and "construe [s] statutes in a practical manner and give[s] consideration to the context of the statutes and the purposes for which they were enacted." Id. at ¶ 21.
[¶ 8] We conclude the statute is ambiguous and therefore look to the legislative history. The reference to "a person under twenty-one years of age" in part 1 was added during the 1997 legislative session at the request of the North Dakota Department of Transportation. The Department testified:
Hearing on H.B. 1111 Before the Senate Transportation Comm., 55th N.D. Legis. Sess. (Feb. 27, 1997) ( ). The amendment was in response to a mandate by Congress in the National Highway System bill requiring states to adopt a "zero tolerance" policy for...
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