Rist v. ND Dept. of Transportation

20020303 Robert Shawn Rist Petitioner and Appellee
v.
North Dakota Department
of Transportation Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reid Alan Brady , Att. General Office
Appellee: Chad C. Nodland, P.C.
Term: 02/2003   Argument: 02/26/2003  2:45pm
ND cite: 2003 ND 113
NW cite: 665 N.W.2d 45

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the encounter between Rist and Deputy Messmer was justified.
II. Whether Rist failed to demonstrate grounds supporting remand for additional evidence.

Appellee's Statement of the Issues:
I. Whether probable cause existed for an officer to (a) command a person sleeping in a pick-up in a camping area to wake up, (b) reach into a pick-up in a camping area so that the officer can awaken that person; (c) command a person previously sleeping in his pick-up in a camping area to get out of the vehicle and get his driver's license from his camping gear in the back of his pick-up; and/or (d) arrest the person who is doing nothing more than sleeping in a pick-up - with no key anywhere to be found - in a camping area with or without a blood alcohol level above .10.
II. Whether, under the circumstances, sufficient evidence existed to suspend a driver's license based upon an allegation of "Actual Physical Control" where the record is devoid of even a scintilla of evidence that the vehicle in question was operable.
III. Whether this matter should be remanded on the issue of "operability" where counsel learned for the first time at the DOT hearing that there was no vehicle key anywhere to be found, and there is a substantial material question as to whether the vehicle was operable without a key and only an automotive expert could have meaningfully testified on that issue.

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Docket entries:
110/28/2002 NOTICE OF APPEAL: 10/23/2002
210/29/2002 DISK - TRA Admin Hearing of 8-1-02
311/19/2002 RECORD ON APPEAL & separate No. 5 (Transcript of Testimony of Administrative Hearing dated 8-1-02)
411/27/2002 APPELLANT BRIEF
511/27/2002 APPELLANT APPENDIX
611/27/2002 DISK - ATB (e-mailed)
712/11/2002 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED DECEMBER 10, 2002 (Entries 18-23)
812/23/2002 APPELLEE BRIEF
912/24/2002 DISK - AEB
1002/26/2003 APPEARANCES: Reid A. Brady; Chad C. Nodland
1102/26/2003 ARGUED: Brady; Nodland (Vol. Y; Page 96)
1202/26/2003 ORAL ARGUMENT WEBCAST
1307/16/2003 DISPOSITION: REVERSED
1407/16/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
1507/16/2003 Costs on appeal taxed in favor of Appellant under Rule 39, N.D.R.App.P.
1607/17/2003 Order/Judgment Mailed to Parties
1708/07/2003 MANDATE
1808/12/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1909/03/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014