Lee v. ND Dept. of Transportation

20030168 Della Mae Lee, Appellee
v.
North Dakota Department
of Transportation, Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John T. Paulson
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reid Alan Brady , Att. General Office
Appellee: Dickson Law Office
Term: 11/2003   Argument: 11/19/2003  9:30am
ND cite: 2004 ND 7
NW cite: 673 N.W.2d 245

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the encounter between Lee and Officer Berg was justified.
II. Whether the hearing officer acted within his discretion in admitting the Intoxilyzer test results.
III. Whether the hearing officer reasonably determined the approved method had been followed.

Appellee's Statement of the Issues:
Whether the hearing officer erred in receiving into evidence the Intoxilyzer test results when the Approved Method to Conduct Breath Test with Intoxilyzer 5000 KB-EP was not offered into evidence.

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Docket entries:
106/11/2003 NOTICE OF APPEAL: 06/10/2003
207/08/2003 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 1-30-03
307/08/2003 APPELLANT BRIEF
407/08/2003 APPELLANT APPENDIX
507/08/2003 DISK - ATB (e-mailed)
607/11/2003 DISK - TRA (1-30-03)
707/22/2003 Appellee's Motion to Dismiss. RspDue: 08/01/2003
807/31/2003 RESPONSE TO APPELLEE'S MOTION TO DISMISS
908/07/2003 MOT. EXT/TIME APPELLEE BRIEF; NOTICE OF MOTION; BRIEF IN SUPPORT
1008/07/2003 ACTION BY CLERK (MAE). Granted: 08/25/2003
1108/13/2003 ACTION BY SUPREME COURT (MOT/Dismiss). Denied
1208/25/2003 APPELLEE BRIEF
1308/25/2003 DISK - AEB
1411/19/2003 APPEARANCES: Reid A. Brady; Justin D. Roness
1511/19/2003 ARGUED: Brady; Roness (Vol. Y; Page 172)
1611/19/2003 ORAL ARGUMENT WEBCAST
1701/14/2004 DISPOSITION: AFFIRMED
1801/14/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
1901/14/2004 Costs on appeal taxed in favor of appellee
2001/15/2004 Judgment Mailed to Parties
2102/06/2004 MANDATE
2202/11/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2310/22/2010 EXPUNGED - Nonpermanent record items destroyed

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