Bower v. State Highway CommissionerCivil No. 870327

Meschke, Justice.

James C. Bower appealed from suspension of his driver's license. He argues that the report sent to the Highway Commissioner by the arresting officer, to initiate proceedings under NDCC 39-20-03.1(3), was not a current approved form, and therefore the Commissioner lacked authority to suspend his license. A document can be authenticated by its distinctive characteristics, including appearance and substance, taken in conjunction with circumstances. See NDREv 901(b)(4). Bower, who did not testify, also argues that it was not shown that he was the driver. However, the officer testified, "I arrested Mr. Bower as the driver."

We affirm under NDRAppP 35.1(a)(5).

Herbert L. Meschke
Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Ralph J. Erickstad, C.J.