May v. Sprynczynatyk
Daryl Jerome May, Petitioner and Appellant
David A. Sprynczynatyk, Director,
Department of Transportation, Respondent and Appellee
East Central Judicial District,
Judge Wade L. Webb
|Nature of Action:||Transportation Dept.|
|Term:||11/2004  Argument: 11/22/2004|
|ND cite:||2005 ND 76|
695 N.W.2d 196
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Noncompliance with statute requires summary reversal.
II. The chemical test evidence was improperly considered.
A. The hearing officer made factual findings not supported by the testimony or record.
B. Irregularity in the test record required expert testimony.
C. Compliance with state toxicology procedures was not shown.
III. The Department impermissibly shifted the burden of persuasion and proof to the Appellant.
Appellee's Statement of the Issues:
1. Whether May failed to establish that a systematic disregard of the law exists in the filing of transcripts of testimony by the Department so as to warrant a sanction in the form of the reversal of the suspension of his driving privileges.
2. Whether the law enforcement officer's testimony supported a finding that a clerical error on the Intoxilyzer Test Record and Checklist could not have affected the reliability or accuracy of May's Intoxilyzer test, such that the hearing officer reasonably concluded the chemical test for intoxication was fairly administered.
3. Whether the law enforcement record describing the changing and usage of the standard solution used in May's Intoxilyzer breath-test analysis was properly admitted into evidence, such that the hearing officer reasonably concluded the chemical test for intoxication was fairly administered.
4. Whether the Department did not shift the burden of proof and persuasion regarding the administration of the chemical test for intoxication to May.
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|1||08/18/2004 NOTICE OF APPEAL: 08/17/2004|
|2||08/18/2004 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||09/13/2004 APPELLANT BRIEF|
|4||09/13/2004 APPELLANT APPENDIX|
|5||09/14/2004 DISK - ATB|
|6||09/17/2004 Copies of the Admin Agency Docket Sheet and Judgement for Appellant's Brief - inserted|
|7||09/17/2004 RECORD ON APPEAL - includes #6 DOT record|
|8||10/14/2004 APPELLEE BRIEF|
|9||10/14/2004 DISK (e-mailed) AEB|
|10||10/21/2004 SITTING WITH THE COURT: Bekken, James M.|
|11||10/25/2004 REPLY BRIEF|
|12||10/26/2004 DISK (e-mailed) RYB|
|13||11/22/2004 APPEARANCES: Mark A. Friese; Douglas B. Anderson|
|14||11/22/2004 ARGUED: Friese; Anderson (Vol. Z; page 57)|
|15||11/22/2004 ORAL ARGUMENT WEBCAST|
|16||04/11/2005 DISPOSITION: AFFIRMED|
|17||04/11/2005 UNANIMOUS OPINION: Maring, Mary Muehlen|
|18||04/11/2005 Costs on appeal taxed in favor of appellee|
|19||04/11/2005 Judgment Mailed to Parties|
|21||05/11/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||10/28/2011 EXPUNGED - Nonpermanent record items destroyed|