Dettler v. Sprynczynatyk, Director, DOT

20030292 Jason Aelred Dettler, Petitioner and Appellee
v.
David A. Sprynczynatyk, Director,
Department of Transportation, Respondent and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Transportation Dept.
Counsel:
Appellant: Andrew Moraghan , Att. General Office
Appellee: Vogel Law Firm
Term: 02/2004   Argument: 02/23/2004  10:45am
ND cite: 2004 ND 54
NW cite: 676 N.W.2d 799

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether Dettler's specifications of error specified with particularity the argument that Officer Bair had insufficient grounds to seize Dettler.
2. Whether the hearing officer's factual determination that Dettler had driven a vehicle within two hours prior to administration of the Intoxilyzer test is against the greater weight of the evidence.
3. Whether Dettler's specifications of error specified with particularity the argument that the hearing officer systematically disregarded the law by disallowing certain evidence.

Appellee's Statement of the Issues:
I. The Hearing Officer erred in concluding Mr. Dettler was not seized.
A. The seizure was not supported by reasonable suspicion or probable cause.
B. The continued detention was unreasonable
II. Mr. Dettler properly specified error.
A. The district court did not abuse its discretion in hearing Mr. Dettler's appeal.
B. The Department's request for remand violates due process.
C. The Department did not establish prejudice.
D. Reversal of the district court's decision is an improper remedy.
III. A preponderance of the evidence does not support the hearing officer's conclusions.
IV. The Hearing Officer systematically disregarded the rules of evidence.

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Docket entries:
110/09/2003 NOTICE OF APPEAL: 10/08/2003
210/10/2003 DISK - TRA (Administrative Hearing dated 3-21-03)
310/28/2003 REQ. EXT/TIME APPELLANT BRIEF (faxed letter from Mr. Moraghan)
410/28/2003 ACTION BY CLERK. Granted: 11/28/2003
510/28/2003 Faxed letter from Mark A. Friese dated 10-28-03 RE: No objection to request for ext. of time
610/28/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
711/05/2003 RECORD ON APPEAL, including Partial Transcript of Proceedings dated 7-17-03, and Transcript of
811/05/2003 Testimony of Admin. Hearing dated 3-21-03 (NOTE: TRA of Admin. Hearing includes
911/05/2003 Exhibits & Hearing Officer's Decision) (Not rec'd was Clerk's Cert. No. 15 - Tape)
1011/28/2003 APPELLANT APPENDIX
1111/28/2003 APPELLANT BRIEF
1212/01/2003 DISK - ATB
1312/17/2003 APPELLEE BRIEF
1412/19/2003 DISK - aeb
1512/30/2003 MOT. EXT/TIME REPLY BRIEF
1612/30/2003 ACTION BY CLERK. Granted: 01/22/2004
1712/30/2003 E-FILED MOTION (via facsimile)
1801/22/2004 REPLY BRIEF
1901/22/2004 DISK - e-mailed (RYB)
2001/26/2004 SITTING WITH THE COURT: Hodny, William F.
2102/23/2004 APPEARANCES: Andrew Moraghan; Mark A. Friese
2202/23/2004 ARGUED: Moraghan; Friese (Vol. Y; Page 206)
2302/23/2004 ORAL ARGUMENT WEBCAST
2403/23/2004 DISPOSITION: REVERSED
2503/23/2004 SPLIT OPINION: Sandstrom, Dale V.
2603/23/2004 (CONCUR Specially): VandeWalle, Gerald W.: CONCUR
2703/23/2004 (JOIN CONCUR SPECIALLY): Maring, Mary Muehlen: JN/CON
2803/23/2004 Costs on appeal are taxed in favor of Appellant
2903/25/2004 Judgment Mailed to Parties
3004/23/2004 MANDATE
3104/28/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3212/09/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014