Hoover v. N.D. Dept. of TransportationNo. 20100226

Per Curiam.

[¶1] Kenneth Paul Hoover appealed a district court's judgment affirming the administrative revocation of his driver's license. Hoover argues he was denied the opportunity to cure his prior refusal to submit to a blood test. We affirm the district court's judgment under N.D.R.App.P. 35.1(a)(5). See Houn v. N.D. Dep't of Transp., 2000 ND 131, ¶ 9, 613 N.W.2d 29 (noting the arrestee has the burden of curing a prior refusal within two hours of driving) (citing Lund v. Hjelle, 224 N.W.2d 552, 557 (N.D. 1974)).

[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Mary Muehlen Maring
Daniel J. Crothers
Zane Anderson, D.J.

[¶3] The Honorable Zane Anderson, D.J., sitting in place of Sandstrom, J., disqualified.