Houn v. ND Dept. of Transportation

20000058 Robert Houn, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Transportation Dept.
Counsel:
Appellant: Vinje Law Firm
Appellee: Todd Adam Sattler , Att. General Office
Term: 05/2000   Argument: 05/04/2000  10:30am
ND cite: 2000 ND 131
NW cite: 613 N.W.2d 29


Issues: Appellant's Statement of the Issues:
I.The Hearing Officer Erred in Determining that Houn Refused to Submit to Testing for Alcohol Concentration and Failed to Cure his Refusal. Rather, by Subsequently Agreeing to Submit to the Chemical Test Offered, Houn Timely "Cured" his Prior First Refusal while he was in Police Custody and when there was Ample Time to Conduct either an Intoxilyzer or Blood Test within the Two-Hour Limits without Substantial Inconvenience to the Police.

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Docket entries:
103/01/2000 NOTICE OF APPEAL: 02/25/2000
203/09/2000 APPELLANT BRIEF
303/09/2000 APPELLANT APPENDIX
403/09/2000 DISK - ATB
503/15/2000 NOTICE OF APPEAL (filed in trial court on 3-6-00)
603/24/2000 RECORD ON APPEAL w/separate 3 (administrative record)
703/31/2000 DISK - TRA dated 11-05-99
804/11/2000 APPELLEE BRIEF
904/11/2000 DISK - AEB
1004/18/2000 MOTION TO CORRECT RECORD ON APPEAL, PURSUANT TO RULE 10(H), N.D.R.APP.P., AND/OR
1104/18/2000 TO TAKE JUDICIAL NOTICE, PURSUANT TO RULE 201, N.D.R.Evid., BRIEF IN SUPPORT, & ATTACHED EXHIBITS
1204/19/2000 Letter from Chad McCabe dated 4-19-00 RE: correction to Motion to Correct
1304/20/2000 ACTION BY CHIEF JUSTICE (Mot/Correct Record). Denied
1404/20/2000 Order mailed to Parties
1504/20/2000 MOTION FOR LIMITED REMAND FOR PURPOSE OF HEARING OFFICER MARY ELLEN VARVEL TO CONSIDER A MOTION TO
1604/20/2000 CORRECT OR MODIFY THE RECORD ON APPEAL W/ BRIEF IN SUPPORT
1704/20/2000 ACTION BY CHIEF JUSTICE (Mot/Limited Remand). Granted
1804/20/2000 Order of Temporary Remand Mailed to Parties
1904/26/2000 Letter from Todd Sattler dated 4-25-00 with attached copies of letter to Mary Ellen Varvel from
2004/26/2000 Todd Sattler dated 4-14-00; letter to Mary Ellen Varvel from Todd Sattler dated 4-24-00, &
2104/26/2000 Affid. of Officer Glen Valley dated 4-17-00 (Filed as"Responses to Motions filed 4-18 & 4-20-00")
2204/26/2000 Copy of letter from Chad McCabe to Hearing Officer Mary Ellen Varvel dated 4-26-00
2304/28/2000 Request for Radio/TV Coverage (WDAY-TV, KFGO-AM, and The West Fargo Pioneer)(letter dated 4-27-00
2404/28/2000 from Jack McDonald) - APPROVED
2504/28/2000 REPLY BRIEF
2604/28/2000 DISK - RYB
2705/02/2000 Cy of ltr fm Hearing Officer to Chad McCabe Denying Motion to Correct or Modify ROA dtd 5-1-00
2805/02/2000 Ltr fm Chad McCabe dtd 5-1-00 re filings w/hearing officer w/attach.
2905/04/2000 APPEARANCES: Chad R. McCabe; Todd A. Sattler
3005/04/2000 ARGUED: McCabe; Sattler (Vol. X; page 26)
3106/29/2000 DISPOSITION: AFFIRMED
3206/29/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
3306/29/2000 Costs on appeal taxed in favor of the Appellee, NDDOT
3407/21/2000 MANDATE
3507/25/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3605/11/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014