Aker v. N.D. Department of TransportationNo. 20040366

Per Curiam.

[¶1] The North Dakota Department of Transportation appeals a district court judgment reversing an administrative hearing officer's decision to suspend Cheryl Aker's driving privileges for 91 days for driving under the influence. We summarily affirm the district court's decision under Rule 35.1(a)(7), N.D.R.App.P. Jorgensen v. N.D. Department of Transportation, 2005 ND 80 (inclusion of the blood alcohol test result in the officer's certified report to the Department is a basic and mandatory provision of N.D.C.C. § 39-20-03.1(3), without which the Department may not suspend a person's driving privileges).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Carol Ronning Kapsner
Mary Muehlen Maring