Cox v. Hjelle

TEIGEN, Judge

(concurring specially).

I concur in the result. However I do not agree that a fourth conviction of speeding over ten miles per hour above the speed limit within a two-year period constitutes an “emergency situation” as envisioned by the United States Supreme Court in Bell v. Burson, 402 U.S. 535, 91 S.Ct. 1586, 29 L.Ed.2d 90 (1971).

For reasons set forth in State v. Harm, 200 N.W.2d 387 (N.D.1972), and in my special concurrence in State v. Sinner, 207 N.W.2d 495 (N.D.1973), I am of the opinion that our statutes providing for the suspension of an operator’s license without a presuspension hearing do not contravene the due process clause of the Fourteenth Amendment to the United States Constitution.

KNUDSON, J., concurs.