The director may suspend the operator's license of an individual, after hearing, upon proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
1. Commission of an offense for which mandatory revocation of license is required upon conviction.
2. Incompetence to drive a motor vehicle.
3. Unlawful or fraudulent use of an operator's license.
4. Refusal to submit to an implied consent chemical test on an Indian reservation or in another state. For purposes of this subsection, the specific requirements for establishing a refusal used on the Indian reservation or in the other state may not be considered, and photostatic copies of the records of the other jurisdiction's driver's licensing authority are sufficient evidence of the refusal whether those copies are certified. The suspension must be for the same length of time as the revocation in section 39-20-04. If the refusal arose out of an arrest or stop of an individual while operating a commercial motor vehicle, the period of suspension must be the same as the period of revocation provided in section 39-06.2-10.
5. Failure, as shown by the certificate of the court, to pay a fine or serve any other sentence as ordered by a court upon conviction for any criminal traffic offense.
6. Failure, as shown by the certificate of the court, to appear in court or post and forfeit bond after signing a promise to appear, if signing is required by law, in violation of section 39-06.1-04, willful violation of a written promise to appear in court, in violation of section 39-07-08, or violation of equivalent ordinances or laws in another jurisdiction. Upon resolution by the operator of the underlying cause for a suspension under this subsection, as shown by the certificate of the court, the director shall record the suspension separately on the driving record. This separate record is not available to the public.
7. An administrative decision on an Indian reservation or in another state that the licensee's privilege to drive on that Indian reservation or in that state is suspended or revoked because of a violation of that Indian reservation's or state's law forbidding motor vehicle operation with an alcohol concentration of at least eight one-hundredths of one percent by weight or, with respect to a person under twenty-one years of age, an alcohol concentration of at least two one-hundredths of one percent by weight, or because of a violation of that Indian reservation's or state's law forbidding the driving or being in actual physical control of a commercial motor vehicle while having an alcohol concentration of at least four one-hundredths of one percent by weight. The specific requirements for establishing the violation on the Indian reservation or in the other state may not be considered and certified copies of the records of the Indian reservation's or other state's driver's licensing authority are sufficient evidence of the violation. The suspension must be for the same duration as the suspension in section 39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation involves a commercial motor vehicle, the period of suspension must be the same as the period of suspension provided in section 39-06.2-10. For purposes of this section, originals, photostatic copies, or electronic transmissions of the records of the driver's licensing or other authority of the other jurisdiction are sufficient evidence whether they are certified copies.
8. Conviction of an offense under this title and it appears from the director's records that the offense contributed to causing an accident which resulted in death or serious personal injury or serious property damage. A suspension may not be imposed if the individual has been sanctioned for the same offense under section 39-06-31.
Notes of Decisions
Cited in
20
cases, 1964–2011 · leading case:
State v. Harm, 200 N.W.2d 387 (N.D. 1972).
State v. Harm, 200 N.W.2d 387 (N.D. 1972).
· cites it 20× “, which provided: "Upon suspending the license of any person as authorized in section 39-06-32, the commissioner shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed twenty…”
State v. Kouba, 319 N.W.2d 161 (N.D. 1982).
· cites it 6× “, which provides that a driver’s license may not be suspended under the provisions of Section 39-06-32, N.D.C.C., without a hearing “in the county of the licensee’s residence,” is controlling in this action.”
Holen v. Hjelle, 396 N.W.2d 290 (N.D. 1986).
· cites it 8× “The district court further determined that Section 39-06-32(7), N.D.C.C., applied because it dealt with license suspensions upon receipt of notice of actions against driving privileges in other States, and, contrary to the requirement of that section, the Commissioner had not…”
State v. Sinner, 207 N.W.2d 495 (N.D. 1973).
· cites it 8× “Section 39-06-32(6), N.D.C.C., empowers the highway commissioner to suspend the North Dakota driver's license of a driver who has committed an offense in another State, which offense, if committed in this State, would be grounds for suspension of his driver's license.”
State v. Trevino, 807 N.W.2d 211 (N.D. 2011).
· cites it 2× “) [¶ 47] The person’s license might also be subject to suspension under N.D.C.C. § 39-06-32(2): The director may suspend the license of an operator, after hearing, upon proof by a fair preponderance of the evidence, that any of the following apply to the licensee: [[Image here]]…”
State v. Lang, 463 N.W.2d 648 (N.D. 1990).
· cites it 4× “Lang also contends that Section 39-06-32(6), N.D.C.C., 3 is unjust because it “puts the discretionary ‘Power of Justice’ before the Highway Commissioner, instead of the courts, for an adjudication of the criminal violation of 39-07-08.”
Cox v. Hjelle, 207 N.W.2d 266 (N.D. 1973).
· cites it 12× “Upon receipt of this record of convictions, the Highway Commissioner suspended the driver's license of the petitioner for sixty days, under authority of Section 39-06-32, subsection 7, North Dakota Century Code, as amended.”
Kouba v. State, 2004 ND 186 (N.D. 2004).
· cites it 2× “” Therefore, we reiterate that, under those circumstances if the driver appears, the NDDOT may not suspend his license for failure to appear or post bond.”
State v. Mehlhoff, 318 N.W.2d 314 (N.D. 1982).
· cites it 4× “Section 39-06-33 states that before the Commissioner may suspend a driver’s license under Section 39-06-32, “the commissioner shall first give notice of intention to suspend the license.”
Peterson v. North Dakota Dep't of Transp., 518 N.W.2d 690 (N.D. 1994).
· cites it 2× “Neither party cited, nor did DOT base its order of suspension upon, Section 39-06-32(3), N.D.C.C., which provides: Authority to suspend licenses.”
State v. Medearis, 165 N.W.2d 688 (N.D. 1969).
· cites it 2× “If the defendant’s driver’s license was suspended for thirty days, as he alleges, action must have been taken by the commissioner under the provisions of Section 39-06-32, N.D.C. C., which provides that a driver’s license may be suspended by the commissioner upon a showing by…”
Kouba v. State, Dep't of Transp., 1999 ND 233 (N.D. 1999).
· cites it 6× “” The district court concluded Kouba’s license could not be suspended because N.D.C.C. § 39-06-32(6) does not allow license suspension unless the operator does not post bond or does not appear at the hearing, and Kouba appeared at the initial hearing.”
— N.D. Cent. Code § 39-06-32(2) — 1 case
State v. Trevino, 807 N.W.2d 211 (N.D. 2011).
“) [¶ 47] The person’s license might also be subject to suspension under N.D.C.C. § 39-06-32(2): The director may suspend the license of an operator, after hearing, upon proof by a fair preponderance of the evidence, that any of the following apply to the licensee: [[Image here]]…”
— N.D. Cent. Code § 39-06-32(3) — 4 cases
State v. Harm, 200 N.W.2d 387 (N.D. 1972).
“, which provided: "Upon suspending the license of any person as authorized in section 39-06-32, the commissioner shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed twenty…”
Peterson v. North Dakota Dep't of Transp., 518 N.W.2d 690 (N.D. 1994).
“Neither party cited, nor did DOT base its order of suspension upon, Section 39-06-32(3), N.D.C.C., which provides: Authority to suspend licenses.”
— N.D. Cent. Code § 39-06-32(6) — 7 cases
State v. Lang, 463 N.W.2d 648 (N.D. 1990).
“Lang also contends that Section 39-06-32(6), N.D.C.C., 3 is unjust because it “puts the discretionary ‘Power of Justice’ before the Highway Commissioner, instead of the courts, for an adjudication of the criminal violation of 39-07-08.”
Kouba v. State, 2004 ND 186 (N.D. 2004).
“” Therefore, we reiterate that, under those circumstances if the driver appears, the NDDOT may not suspend his license for failure to appear or post bond.”
State v. Sinner, 207 N.W.2d 495 (N.D. 1973).
“Section 39-06-32(6), N.D.C.C., empowers the highway commissioner to suspend the North Dakota driver's license of a driver who has committed an offense in another State, which offense, if committed in this State, would be grounds for suspension of his driver's license.”
State v. Mehlhoff, 318 N.W.2d 314 (N.D. 1982).
“Section 39-06-33 states that before the Commissioner may suspend a driver’s license under Section 39-06-32, “the commissioner shall first give notice of intention to suspend the license.”
Kouba v. State, Dep't of Transp., 1999 ND 233 (N.D. 1999).
“” The district court concluded Kouba’s license could not be suspended because N.D.C.C. § 39-06-32(6) does not allow license suspension unless the operator does not post bond or does not appear at the hearing, and Kouba appeared at the initial hearing.”
— N.D. Cent. Code § 39-06-32(7) — 2 cases
Holen v. Hjelle, 396 N.W.2d 290 (N.D. 1986).
“The district court further determined that Section 39-06-32(7), N.D.C.C., applied because it dealt with license suspensions upon receipt of notice of actions against driving privileges in other States, and, contrary to the requirement of that section, the Commissioner had not…”
State v. Sinner, 207 N.W.2d 495 (N.D. 1973).
“Section 39-06-32(6), N.D.C.C., empowers the highway commissioner to suspend the North Dakota driver's license of a driver who has committed an offense in another State, which offense, if committed in this State, would be grounds for suspension of his driver's license.”
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