Sonsthagen v. Sprynczynatyk
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| 20020297 |
Jeffrey S. Sonsthagen, Petitioner and Appellant
v.
David A. Sprynczynatyk, Director,
Department of Transportation, Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
02/2003 Argument: 02/25/2003 02:45pm
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| ND cite: |
2003 ND 90
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| NW cite: |
663 N.W.2d 161
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the hearing officer erred in concluding that the arresting officer had reasonable grounds to believe that Sonsthagen was driving while under the influence of drugs.
Appellee's Statement of the Issues:
I. Whether there was probable cause to believe Sonsthagen had been driving while under the influence of drugs
II. Whether Sonsthagen's argument the hearing officer failed to be fair and impartial should be rejected.
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| 1 | | 10/24/2002 | |
NOTICE OF APPEAL: 10/23/2002 |
| 2 | | 10/24/2002 | |
ORDER FOR TRANSCRIPT: 10/23/2002 |
| 3 | | 11/06/2002 | |
TRANSCRIPT DATED September 16, 2002 |
| 4 | | 11/07/2002 | |
DISK - TRA (9-16-02)(e-mailed) |
| 5 | | 12/02/2002 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 6 | | 12/02/2002 | |
RECORD ON APPEAL, incl. TRA of Testimony of Admin. Hearing dated 7-09-02. Clerk's |
| 7 | | 12/02/2002 | |
Cert. No. 20 (Tape of hearing held 9-16-02) was not rec'd. |
| 8 | | 12/03/2002 | |
DISK - Administrative transcript (e-mailed) |
| 9 | | 12/16/2002 | |
APPELLANT BRIEF |
| 10 | | 12/16/2002 | |
APPELLANT APPENDIX |
| 11 | | 12/17/2002 | |
DISK - ATB |
| 12 | | 12/23/2002 | |
Copies of corrected Table of Contents, Judgment, and Proof of Service by Mail (inserted into ATA) |
| 13 | | 01/02/2003 | |
APPELLEE BRIEF |
| 14 | | 01/02/2003 | |
APPELLEE APPENDIX |
| 15 | | 01/03/2003 | |
DISK - AEB |
| 16 | | 01/09/2003 | |
Affidavit of Service of AEB on Robert Manly by mail on January 8, 2003 |
| 17 | | 01/14/2003 | |
MOTION FOR WAIVER OF OA ON BEHALF OF APPELLANT (letter dated 1-14-03 from Robert G. Manly) |
| 18 | | 01/27/2003 | |
ACTION BY SUPREME COURT (OA waived on behalf of Appellant). Granted |
| 19 | | 01/31/2003 | |
SITTING WITH THE COURT: Bekken, James M. |
| 20 | | 02/21/2003 | |
Request to Waive Oral Argument on behalf of Appellee (Letter from Reid Brady) |
| 21 | | 02/24/2003 | |
ACTION BY SUPREME COURT (oral argument waived on behalf of Appellee). Granted |
| 22 | | 02/24/2003 | |
Request from Mr. Sonsthagen to argue on his own behalf (faxed letter dated 2-24-03) |
| 23 | | 02/24/2003 | |
ACTION BY SUPREME COURT (Mr. Sonsthagen is permitted to argue on his own behalf). Granted |
| 24 | | 02/25/2003 | |
APPEARANCES: Jeffrey S. Sonsthagen; on brief for Appellee |
| 25 | | 02/25/2003 | |
ARGUED: Sonsthagen; on brief for Appellee (Vol. Y; Page 95) |
| 26 | | 02/25/2003 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 06/05/2003 | |
DISPOSITION: AFFIRMED |
| 28 | | 06/05/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 29 | | 06/05/2003 | |
Costs on appeal taxed in favor of appellee under Rule 39, N.D.R.App.P. |
| 30 | | 06/12/2003 | |
Order/Judgment Mailed to Parties |
| 31 | | 06/24/2003 | |
Mot. Ext/Time Petition for Rehearing (faxed handwritten request) |
| 32 | | 06/24/2003 | |
ACTION BY CHIEF JUSTICE. Granted: 06/30/2003 |
| 33 | | 06/30/2003 | |
E-FILED PETITION FOR REHEARING |
| 34 | | 06/30/2003 | |
PETITION FOR REHEARING (Faxed) |
| 35 | | 07/23/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 36 | | 07/31/2003 | |
MANDATE |
| 37 | | 08/05/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 09/03/2008 | |
EXPUNGED - Nonpermanent record items destroyed |