|2:45pm||Wednesday, January 11, 2017|
Fritz Thomas Opp, Appellant and Cross-Appellee
Director, North Dakota Department
of Transportation, Appellee and Cross-Appellant
|Appeal from:||Northeast Central Judicial District, Grand Forks County, Judge Jon J. Jensen, 18-2016-CV-00042|
|Nature of Action:||Transportation Dept.|
Appellant's Statement of the Issues:|
I. The Officer did not have Reasonable Grounds to Believe Fritz was in Actual Physical Control of the Vehicle while Under the Influence of Intoxicating Liquor.
II. Fritz did not Refuse to Submit to the Alcohol Concentration Test
. A. Fritz did not affirmatively refuse to submit to the alcohol concentration test
. B. Fritz was incapable of refusal;
1. Fritz did not understand what was being requested of him and did not understand the implied consent warning.
2. Fritz was incapable of withdrawing his consent based on his medical conditions.
III. Fritz is a disabled person requiring testing and instructional accommodation under the ADA.
IV. The Department has Failed to Preserve and Compile the Complete Record and violated the Due process Rights Afforded Fritz by Forbidding Fritz from Introducing testimony and Evidence.
V. Officer Wentz Violated Defendant's Fourth Amendment Rights and Subsequently Violated Defendant's Fifth Amendment Rights
Appellee's Statement of the Issues:
1. Whether the district court lacked subject matter jurisdiction over Opp's administrative appeals for his failure to timely file his Notices of Appeal and whether the district court erred in determining Opp had established excusable neglect for extending the time for filing?
2. Whether Officer Wentz had probable cause to arrest Opp?
3. Whether the preponderance of the evidence supports the hearing officer's finding that Opp refused the chemical test?
4. Whether Opp was incapable of affirmatively refusing to submit to a chemical test?
5. Whether Opp's due process rights were violated?
6. Whether law enforcement violated Opp's Fourth Amendment right to be free from unreasonable search and his Fifth Amendment right to be protected from self-incrimination?
Appellant Brief 1
Reply Brief 1
Listen to recording of oral argument in MP3 format
Generated from Supreme Court Docket on 01/31/2017