Coss v. Levi

¶1Filed 12/18/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72014 ND 220

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¶11Daniel Steven Coss, Petitioner and Appellant

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¶13v.

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¶15Grant Levi, Director,

¶16North Dakota Department of Transportation, Respondent and Appellee

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¶20No. 20140211

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¶24Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

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¶26AFFIRMED.

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¶28Per Curiam.

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¶30Kevin J. Chapman, P.O. Box 1920, Williston, N.D. 58802-1920, for petitioner and appellant.

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¶32Douglas B. Anderson, Office of Attorney General, 500 North 9th Street, Bismarck, N.D. 58501-4509, for respondent and appellee.

¶33Coss v. Levi

¶34No. 20140211

¶35

¶36Per Curiam.

¶37[¶1] Daniel Coss appeals from a district court judgment affirming a North Dakota Department of Transportation hearing officer’s decision suspending his driving privileges for two years.  Coss argues his breath sample was not properly obtained, the Intoxilyzer test was not fairly administered to him, and he was denied a right to consult with an attorney before deciding whether to submit to the Intoxilyzer chemical test.  We summarily affirm under N.D.R.App.P. 35.1(a)(5).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Lisa Fair McEvers

¶40Daniel J. Crothers

¶41Dale V. Sandstrom

¶42Carol Ronning Kapsner