Lee v. ND Dept. of Transportation
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| 20030168 |
Della Mae Lee, Appellee
v.
North Dakota Department
of Transportation, Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John T. Paulson |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
11/2003 Argument: 11/19/2003 09:30am
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| ND cite: |
2004 ND 7
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| NW cite: |
673 N.W.2d 245
Listen to recording of oral argument
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| 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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| 1 | | 06/11/2003 | |
NOTICE OF APPEAL: 06/10/2003 |
| 2 | | 07/08/2003 | |
RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 1-30-03 |
| 3 | | 07/08/2003 | |
APPELLANT BRIEF |
| 4 | | 07/08/2003 | |
APPELLANT APPENDIX |
| 5 | | 07/08/2003 | |
DISK - ATB (e-mailed) |
| 6 | | 07/11/2003 | |
DISK - TRA (1-30-03) |
| 7 | | 07/22/2003 | |
Appellee's Motion to Dismiss. RspDue: 08/01/2003 |
| 8 | | 07/31/2003 | |
RESPONSE TO APPELLEE'S MOTION TO DISMISS |
| 9 | | 08/07/2003 | |
MOT. EXT/TIME APPELLEE BRIEF; NOTICE OF MOTION; BRIEF IN SUPPORT |
| 10 | | 08/07/2003 | |
ACTION BY CLERK (MAE). Granted: 08/25/2003 |
| 11 | | 08/13/2003 | |
ACTION BY SUPREME COURT (MOT/Dismiss). Denied |
| 12 | | 08/25/2003 | |
APPELLEE BRIEF |
| 13 | | 08/25/2003 | |
DISK - AEB |
| 14 | | 11/19/2003 | |
APPEARANCES: Reid A. Brady; Justin D. Roness |
| 15 | | 11/19/2003 | |
ARGUED: Brady; Roness (Vol. Y; Page 172) |
| 16 | | 11/19/2003 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 01/14/2004 | |
DISPOSITION: AFFIRMED |
| 18 | | 01/14/2004 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 19 | | 01/14/2004 | |
Costs on appeal taxed in favor of appellee |
| 20 | | 01/15/2004 | |
Judgment Mailed to Parties |
| 21 | | 02/06/2004 | |
MANDATE |
| 22 | | 02/11/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 23 | | 10/22/2010 | |
EXPUNGED - Nonpermanent record items destroyed |