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 2:45pm|
|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|
|7||10/16/2001||DISK - ATB|
|9||11/20/2001||Corrected TOA & pages 21& 29 for AEB|
|10||11/20/2001||DISK - AEB|
|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|