McDonald v. Ferguson

ERICKSTAD, Judge

(concurring).

Without altering views expressed in the dissent in Colling v. Hjelle, N.D., 125 N.W. 2d 453, I concur with the majority of the Court in this decision.

The only evidence concerning the circumstances surrounding the petitioner’s arrest is contained in the affidavit of the arresting officer which was filed with the Director of Safety Responsibility for the State of North Dakota. The affidavit does not disclose that the arresting officer had reasonable grounds to believe that the offense of driving or being in actual physical control of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor had been committed by the petitioner.