KLING v. DIRECTOR NORTH DAKOTA DEPARTMENT OF TRANSPORTATION (2020)

[¶1] Jeffrey Kling appeals from a district court judgment affirming an administrative suspension of his driving privileges for a period of 91 days. On appeal, Kling argues to authenticate the report and notice form, the specifics of the implied consent advisory must be testified to, to comply with N.D.C.C. § 39-20-01(3)(a). This Court has said “[a] Department’s Report and Notice form is admissible as prima facie evidence of its contents once it is forwarded to the director of the Department.” Gillmore v. Levi, 2016 ND 77, ¶ 12, 877 N.W.2d 801. Kling bears the burden to rebut the prima facie evidence in the report and notice form. Id. Kling failed to testify or otherwise rebut the evidence that he was read the implied consent advisory as required by law. We summarily affirm under N.D.R.App.35.1(a)(7).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Lisa Fair McEvers Gerald W. VandeWalle Jerod E. Tufte Daniel J. Crothers