Henderson v. Director, N.D. Dept. of Trans.

20010222 Cody Darrell Henderson, Petitioner and Appellee
v.
Director, North Dakota
Department of Transportation, Respondent and Appellant

Appeal from: District Court, Southwest Judicial District, Adams County
Judge Ronald L. Hilden
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reid Alan Brady , Att. General Office
Appellee: #Ficek & Buresh, P.C.
Appellant: Andrew Moraghan , Att. General Office
Term: 12/2001   Argument: 12/11/2001  2:45pm
ND cite: 2002 ND 44
NW cite: 640 N.W.2d 714

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
109/14/2001 NOTICE OF APPEAL: 09/12/2001
209/21/2001 DISK - TRA of Admin Hearing of Jan. 31, 2001
310/10/2001 RECORD ON APPEAL w/separate entry 2 (admin. transcript, exhibits & hearing officer decision)
410/16/2001 DISK - Corrected TRA of Admin Hearing of Jan 31, 2001
510/16/2001 APPELLANT BRIEF
610/16/2001 APPELLANT APPENDIX
710/16/2001 DISK - ATB
811/14/2001 APPELLEE BRIEF
911/20/2001 Corrected TOA & pages 21& 29 for AEB
1011/20/2001 DISK - AEB
1111/27/2001 REPLY BRIEF
1211/27/2001 DISK - RYB e-mailed
1312/11/2001 APPEARANCES: Reid A. Brady, Andrew Moraghan; Vince H. Ficek
1412/11/2001 ARGUED: Brady; Ficek (Vol. X; page 184)
1512/11/2001 ORAL ARGUMENT WEBCAST
1603/12/2002 DISPOSITION: REVERSED AND REMANDED
1703/12/2002 UNANIMOUS OPINION: VandeWalle, Gerald W.
1803/12/2002 Costs on appeal taxed in favor of the Dept. of Trans. under Rule 39, N.D.R.App.P.
1903/13/2002 Order/Judgment Mailed to Parties
2004/03/2002 MANDATE
2104/05/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2209/25/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/20/2014