Isaak v. Sprynczynatyk

20010291 Michael Isaak, Petitioner and Appellee
v.
David Sprynczynatyk,
Director, North Dakota
Department of Transportation, Respondent and Appellant

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Ronald L. Hilden
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reid Alan Brady , Att. General Office
Appellee: #Reichert, Herauf & Buresh, P.C.
Term: 03/2002   Argument: 03/14/2002  9:30am
ND cite: 2002 ND 64
NW cite: 642 N.W.2d 860

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the 365-day administrative suspension should be reinstated because Isaak's Specifications of Error failed to identify the sole issue he raised before the district court.
II. Whether evidence of Isaak's prior DUI violation was properly shown by the certified copy of Isaak's driving record.

Appellee's Statement of the Issues:
I. The District Court's decision should be upheld under  39-20-06 NDCC, which set outs the District Court's obligation for reviewing evidence presented at the administrative hearing as, ". . . The court shall affirm the decision of the director or hearing officer unless it finds the evidence insufficient to warrant the conclusion reached by the director or the hearing officer.. . ." (Emphasis added).
II. The hearing officer relied upon insufficient evidence to find that Michael Isaak's driving privileges should be suspended for 365 days as a result of an alleged prior conviction.
III. The procedure used by the Department of Transportation for administrative hearings should excuse strict compliance with the specifications of error requirement as there was a broad designation in the Appellee's specifications of "other issues to be determined after review of the hearing transcript," and the Department was not prejudiced by the Appellee's actions.

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Docket entries:
111/29/2001 NOTICE OF APPEAL: 11/28/2001
211/29/2001 DISK - Transcript of Admin Hearing 07-18-01
301/03/2002 APPELLANT BRIEF
401/03/2002 APPELLANT APPENDIX
501/03/2002 DISK - (ATB) via e-mail
601/10/2002 Pages 21 & 22 for the Appendix & Aff. of Service; (attached)
701/10/2002 RECORD ON APPEAL w/separate 3(transcript & exhibits of admin. hrng)
801/31/2002 APPELLEE BRIEF
902/01/2002 DISK - AEB
1002/12/2002 REPLY BRIEF
1102/12/2002 DISK - RYB (electronically transmitted)
1203/14/2002 APPEARANCES: Reid A. Brady; Ronald A. Reichert
1303/14/2002 ARGUED: Brady; Reichert (Vol. X; Page 209)
1403/14/2002 ORAL ARGUMENT WEBCAST
1504/16/2002 DISPOSITION: REVERSED
1604/16/2002 SPLIT OPINION: VandeWalle, Gerald W.
1704/16/2002 (CONCUR Specially): Sandstrom, Dale V.: CONCUR
1804/16/2002 Costs on appeal taxed in favor of Appellant
1904/19/2002 Order/Judgment Mailed to Parties
2005/09/2002 MANDATE
2105/13/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2210/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/21/2014