Henderson v. Director, N.D. Dept. of Trans.
Cody Darrell Henderson, Petitioner and Appellee
Director, North Dakota
Department of Transportation, Respondent and Appellant
Southwest Judicial District,
Judge Ronald L. Hilden
|Nature of Action:||Transportation Dept.|
|Term:||12/2001  Argument: 12/11/2001|
|ND cite:||2002 ND 44|
640 N.W.2d 714
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether Henderson's admission he had drunk alcohol before driving to the lake was properly admitted into evidence.
II. Whether one could reasonably find Henderson had drunk alcohol before driving to the lake.
III. Whether the Intoxilyzer test results were properly admitted into evidence.
Appellee's Statement of the Issues:
I. The hearing officer committed error in finding that Henderson was driving while under the influence based solely upon an alleged admission by Henderson that he was driving after consuming alcoholic beverages, totally excluding all other evidence that substantially contradicted such a finding and ultimate conclusion.
II The alleged admission should be inadmissible.
III. The Intoxilyzer Test was not fairly administered
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|1||09/14/2001 NOTICE OF APPEAL: 09/12/2001|
|2||09/21/2001 DISK - TRA of Admin Hearing of Jan. 31, 2001|
|3||10/10/2001 RECORD ON APPEAL w/separate entry 2 (admin. transcript, exhibits & hearing officer decision)|
|4||10/16/2001 DISK - Corrected TRA of Admin Hearing of Jan 31, 2001|
|5||10/16/2001 APPELLANT BRIEF|
|6||10/16/2001 APPELLANT APPENDIX|
|7||10/16/2001 DISK - ATB|
|8||11/14/2001 APPELLEE BRIEF|
|9||11/20/2001 Corrected TOA & pages 21& 29 for AEB|
|10||11/20/2001 DISK - AEB|
|11||11/27/2001 REPLY BRIEF|
|12||11/27/2001 DISK - RYB e-mailed|
|13||12/11/2001 APPEARANCES: Reid A. Brady, Andrew Moraghan; Vince H. Ficek|
|14||12/11/2001 ARGUED: Brady; Ficek (Vol. X; page 184)|
|15||12/11/2001 ORAL ARGUMENT WEBCAST|
|16||03/12/2002 DISPOSITION: REVERSED AND REMANDED|
|17||03/12/2002 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|18||03/12/2002 Costs on appeal taxed in favor of the Dept. of Trans. under Rule 39, N.D.R.App.P.|
|19||03/13/2002 Order/Judgment Mailed to Parties|
|21||04/05/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||09/25/2007 EXPUNGED - Nonpermanent record items destroyed|