Sonsthagen v. Sprynczynatyk

• Decision Date: 05 June 2003
• Docket Number: No. 20020297.,20020297.
• Citation: Sonsthagen v. Sprynczynatyk, 2003 ND 90, 663 N.W.2d 161 (N.D. 2003)
• Parties: Jeffrey S. SONSTHAGEN, Petitioner and Appellant, v. David A. SPRYNCZYNATYK, Director, Department of Transportation, Respondent and Appellee.
• Court: North Dakota Supreme Court

663 N.W.2d 161

2003 ND 90

Jeffrey S. SONSTHAGEN, Petitioner and Appellant, v. David A. SPRYNCZYNATYK, Director, Department of Transportation, Respondent and Appellee.

No. 20020297.

Supreme Court of North Dakota.

June 5, 2003.

Rehearing Denied July 23, 2003.

Reid Alan Brady (submitted on brief), Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for respondent and appellee.

Jeffrey S. Sonsthagen (argued), pro se, Fargo, N.D., petitioner and appellant.

MARING, Justice.

[¶ 1] Jeffrey Sonsthagen appeals from the district court's September 27, 2002, Memorandum Opinion and Order¹ affirming the North Dakota Department of Transportation's decision to revoke Sonsthagen's driving privileges for two years. We affirm.

I

[¶ 2] On June 14, 2002, a North Dakota Highway Patrol Officer was traveling northbound through a construction zone on Interstate 29 in Fargo. The officer noticed Sonsthagen's vehicle approaching the Interstate from the on-ramp and traveling at what the officer believed was a speed in excess of the posted speed limit. Sonsthagen's vehicle failed to yield as it entered the Interstate. As a result, the officer stopped the vehicle. The officer approached the vehicle, and as Sonsthagen rolled down his window, the officer detected a strong odor of marijuana coming from inside. The officer also observed Sonsthagen's eyes were red and squinty. The officer asked Sonsthagen to step out of his vehicle and to perform several field sobriety tests including an ABC test, a sway test, a counting test, a walk-and-turn test, and a one-leg stand test. Sonsthagen failed the sway test, the walk-and-turn test, and the one-leg stand test. The officer placed Sonsthagen under arrest for driving a motor vehicle under the influence of drugs and transported him to the Cass County Correctional Center.

[¶ 3] Once at the correctional center, the officer read Sonsthagen the implied consent advisory and asked him to submit to a urine test. Sonsthagen asked to speak to a lawyer, so the officer provided him with a telephone book. After attempting to contact a lawyer, Sonsthagen informed the officer he would not speak to him anymore. Considering Sonsthagen's statement as a refusal to take the urine test, the officer took possession of Sonthagen's license and issued a Report and Notice of the director's intent to revoke his driving privileges.

[¶ 4] An administrative hearing was held on July 9, 2002. The hearing officer concluded that the officer had reasonable grounds to believe Sonsthagen was driving a vehicle while under the influence of drugs, that Sonsthagen was placed under arrest, and that Sonsthagen refused to submit to the urine test. Therefore, Sonsthagen's driving privileges were revoked for two years.

[¶ 5] Sonsthagen appealed the administrative decision to the district court. A hearing was held on September 16, 2002, and the court issued its Memorandum Opinion and Order on September 27, 2002, affirming the administrative decision. The judgment was entered on October 15, 2002. Sonsthagen appeals.

[¶ 6] On appeal, Sonsthagen argues the hearing officer erroneously concluded the arresting officer had reasonable grounds to believe Sonsthagen was driving while under the influence of drugs because: 1) the hearing officer erred in his evidentiary rulings and failed to conduct the hearing in a fair and impartial manner; and 2) the hearing officer's findings of fact do not support his conclusions of law. We do not agree with Sonsthagen's contentions.

II

[¶ 7] The Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, governs review of administrative decisions to suspend or revoke a driver's license. See Buchholz v. North Dakota Dep't of Transp., 2002 ND 23, ¶ 6, 639 N.W.2d 490. We review the administrative agency's decision, not the district court's decision, by examining the record that was before the agency. See id. The agency's decision must be affirmed unless:

1. The order is not in accordance with the law.

2. The order is in violation of the constitutional rights of the appellant.

3. The provisions of this chapter have not been complied with in the proceedings before the agency.

4. The rules or procedure of the agency have not afforded the appellant a fair hearing.

5. The findings of fact made by the agency are not supported by a preponderance of the evidence.

6. The conclusions of law and order of the agency are not supported by its findings of fact.

7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.

8. The conclusions of law and order of the agency do not sufficiently explain the agency's rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

N.D.C.C. § 28-32-46. We give great deference to administrative agency rulings by not making independent findings of fact or substituting our own judgment for that of the agency. See Baer v. North Dakota Dep't of Transp., 1997 ND 222, ¶ 7, 571 N.W.2d 829. Rather, "we determine only whether a reasoning mind could reasonably have determined the facts or conclusions were supported by the weight of the evidence." Id. (quoting Wheeling v. Director of North Dakota Dep't of Transp., 1997 ND 193, ¶ 5, 569 N.W.2d 273). "However, the ultimate conclusion of whether the facts meet the legal standard, rising to the level of probable cause, is a question of law, fully reviewable on appeal." Id.

III

[¶ 8] Sonsthagen first argues the hearing officer failed to comply with the Administrative Agencies Practice Act because he did not follow the North Dakota Rules of Evidence and was not fair and impartial. We disagree.

A

[¶ 9] According to N.D.C.C. § 28-32-24(1), the admissibility of evidence in administrative hearings is to be determined in accordance with the North Dakota Rules of Evidence. The appropriate standard of review for evidentiary rulings in an administrative hearing is an abuse of discretion standard. See Knudson v. Director, North Dakota Dep't of Transp., 530 N.W.2d 313, 316 (N.D.1995). An abuse of discretion occurs if a hearing officer acts in an arbitrary, unreasonable, or capricious manner or if the hearing officer misinterprets or misapplies the law. See id.

[¶ 10] Sonsthagen argues the hearing officer abused his discretion by not sustaining several of Sonsthagen's objections. For his argument, Sonsthagen relies upon N.D.R.Ev. 702 which provides:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

During the officer's testimony, Sonsthagen made several foundational objections, claiming the officer was not a trained drug recognition expert and, therefore, could not testify about the field sobriety tests that were conducted.

[¶ 11] In Fargo v. McLaughlin, 512 N.W.2d 700, 707 (N.D.1994), we stated the results of sobriety testing can be introduced as evidence of an officer's "physical observations to support the officer's opinion that the accused was intoxicated." However, in order for a law enforcement officer to testify about the results of field sobriety tests, foundation for the testimony must first be established. See id. We explained, "the only foundation required is a showing of the officer's training and experience in administering the test, and a showing that the test was in fact properly administered." Id. at 708.

[¶ 12] In this case, the officer testified he had the training and experience necessary to conduct the tests he performed, including the sway test, the walk-and-turn test, and the one-leg stand test. The officer further testified that although the tests he performed were designed primarily to detect alcohol impaired drivers, he was also trained that "people under the influence of drugs also demonstrate some of [the] same ... problems when you test them." Because the officer had the necessary training and experience to administer the tests, and because there was no dispute as to the proper administration of the tests, the requisite foundation for the testimony was established. The results of the sobriety tests evidenced Sonsthagen's physical impairment which was in issue. Therefore, it was permissible for the officer to testify about the field sobriety tests he was trained to perform. The hearing officer did not abuse his discretion in allowing the officer to testify about the performance and results of field sobriety tests on Sonsthagen.

B

[¶ 13] Sonsthagen next asserts the hearing officer failed to be fair and impartial. Sonsthagen points to the hearing officer's interruption of questioning and "skewed factual findings" to support his allegation of impartiality. However, Sonsthagen never listed this issue in his specifications of error and never raised this argument to the trial court.

[¶ 14] According to N.D.C.C. § 28-32-42(4), a party appealing an administrative agency's decision must file specifications of error "specifying the grounds on which the appeal is taken, ..." In an appeal from an administrative hearing, the specifications of error must be sufficiently specific to identify the particular issues asserted on appeal. See Vetter v. North Dakota Workers Comp. Bureau, 554 N.W.2d 451, 453-54 (N.D.1996). "The purpose of the specificity requirement is `to alert both the Commissioner and the trial court about what matters are truly at issue.'" See id. at 453 (quoting Palbicki v. Commissioner of Public Safety, 347 N.W.2d 512, 515 (Minn.App.1984)). We have previously cautioned parties about filing "boilerplate" specifications of error. See Isaak v. Sprynczynatyk, 2002 ND 64, ¶ 7, 642 N.W.2d 860 (explaining that "boilerplate" specifications of error are those that are "so general [they] could apply to any administrative agency appeal"); Vetter, at 453-54; ...