Dettler v. Sprynczynatyk, Director, DOT
Jason Aelred Dettler, Petitioner and Appellee
David A. Sprynczynatyk, Director,
Department of Transportation, Respondent and Appellant
East Central Judicial District,
Judge Lawrence A. Leclerc
|Nature of Action:||Transportation Dept.|
|Term:||02/2004  Argument: 02/23/2004|
|ND cite:||2004 ND 54|
676 N.W.2d 799
Listen to recording of oral argument in MP3 format
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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|1||10/09/2003 NOTICE OF APPEAL: 10/08/2003|
|2||10/10/2003 DISK - TRA (Administrative Hearing dated 3-21-03)|
|3||10/28/2003 REQ. EXT/TIME APPELLANT BRIEF (faxed letter from Mr. Moraghan)|
|4||10/28/2003 ACTION BY CLERK. Granted: 11/28/2003|
|5||10/28/2003 Faxed letter from Mark A. Friese dated 10-28-03 RE: No objection to request for ext. of time|
|6||10/28/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|7||11/05/2003 RECORD ON APPEAL, including Partial Transcript of Proceedings dated 7-17-03, and Transcript of|
|8||11/05/2003 Testimony of Admin. Hearing dated 3-21-03 (NOTE: TRA of Admin. Hearing includes|
|9||11/05/2003 Exhibits & Hearing Officer's Decision) (Not rec'd was Clerk's Cert. No. 15 - Tape)|
|10||11/28/2003 APPELLANT APPENDIX|
|11||11/28/2003 APPELLANT BRIEF|
|12||12/01/2003 DISK - ATB|
|13||12/17/2003 APPELLEE BRIEF|
|14||12/19/2003 DISK - aeb|
|15||12/30/2003 MOT. EXT/TIME REPLY BRIEF|
|16||12/30/2003 ACTION BY CLERK. Granted: 01/22/2004|
|17||12/30/2003 E-FILED MOTION (via facsimile)|
|18||01/22/2004 REPLY BRIEF|
|19||01/22/2004 DISK - e-mailed (RYB)|
|20||01/26/2004 SITTING WITH THE COURT: Hodny, William F.|
|21||02/23/2004 APPEARANCES: Andrew Moraghan; Mark A. Friese|
|22||02/23/2004 ARGUED: Moraghan; Friese (Vol. Y; Page 206)|
|23||02/23/2004 ORAL ARGUMENT WEBCAST|
|24||03/23/2004 DISPOSITION: REVERSED|
|25||03/23/2004 SPLIT OPINION: Sandstrom, Dale V.|
|26||03/23/2004 (CONCUR Specially): VandeWalle, Gerald W.: CONCUR|
|27||03/23/2004 (JOIN CONCUR SPECIALLY): Maring, Mary Muehlen: JN/CON|
|28||03/23/2004 Costs on appeal are taxed in favor of Appellant|
|29||03/25/2004 Judgment Mailed to Parties|
|31||04/28/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|32||12/09/2010 EXPUNGED - Nonpermanent record items destroyed|