Suelzle v. ND Dept. of Transportation

9:30am Friday, May 23, 2008
20080030 Benjamin Suelzle, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee
Appeal from: Southwest Judicial District, Stark County, Judge Zane Anderson
Nature of Action: Administrative Proceeding
Counsel:

Appellant: Reichert Armstrong Law Office
Appellee: Douglas Bruce Anderson , Att. General Office

Issues: Appellant's Statement of the Issues:
I. The SD-2 and HGN tests were properly excluded from the Hearing Officer's decision.
II. The Hearing Officer's decision was clearly erroneous because the Department's findings did not support the conclusion that the Officer had probable cause to arrest Suelzle for Driving Under the Influence.
Appellee's Statement of the Issues:
I. Whether the hearing officer's exclusion of evidence regarding the SD-2 and HGN tests did not warrant the exclusion of the law enforcement officer's remaining testimony.
II. Whether the law enforcement officer had probable cause to arrest Suelzle.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 05/30/2008