Filed 10/28/14 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2014 ND 188
Leigh Allen Gerhard Tveito, Appellant
v.
Director, North Dakota
Department of Transportation, Appellee
No. 20140132
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
AFFIRMED.
Per Curiam.
Michael R. Hoffman (on brief), 120 North 3rd Street, Suite 100, P.O. Box 1056, Bismarck, ND 58501-1056, for appellant.
Michael T. Pitcher (on brief), Office of Attorney General, 500 North 9th Street, Bismarck, ND 58501-4509, for appellee.
Tveito v. N.D. Dep’t of Transportation
No. 20140132
Per Curiam.
[¶1] Leigh Allen Gerhard Tveito appeals from a district court judgment affirming a North Dakota Department of Transportation hearing officer’s order suspending his driving privileges. Tveito argues the blood test taken by law enforcement was a warrantless search, the Department failed to establish an exception to the warrant requirement, his alleged consent was not voluntary because he was threatened with criminal prosecution if he did not consent, and the hearing officer improperly admitted his chemical blood test records into evidence. The district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7), State v. Boehm , 2014 ND 154, ¶¶ 17-22, 849 N.W.2d 239.
[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Lisa Fair McEvers
Daniel J. Crothers
Dale V. Sandstrom