Kram v. ND Department of Transportation
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| 20070102 |
Nicholas Patrick Kram, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
|
Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
09/2007 Argument: 09/10/2007 04:00pm
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| ND cite: |
2007 ND 151
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| NW cite: |
742 N.W.2d 839
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| Issues: |
Appellant's Statement of the Issues:
Whether The District Court And The Department's Hearing Officer Erroneously Found That Kram Had A Disqualifying "Conviction" For Purposes Of N.D.C.C. 39-06.2-10?
Appellee's Statement of the Issues:
Whether the Department correctly concluded that Hearing Officer Dale Moench's decision on October 9, 2006, which suspended Kram's noncommercial driving privileges for 91 days under N.D.C.C. ch. 39 20, constitutes a "conviction" of "driving while
under the influence" within the meaning of N.D.C.C. 39 06.2-02(8) and N.D.C.C. 39-06.2-10(7).
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| 1 | | 04/11/2007 | |
NOTICE OF APPEAL: 04/09/2007 |
| 2 | | 04/13/2007 | |
DISK - Transcript of Administrative Hearing dated November 29, 2006 (e-mailed) |
| 3 | | 05/11/2007 | |
RECORD ON APPEAL w/Separate (Entry No. 3 - Adm. Transcript). Not rec'd was CR Tape (Entry No. 11). |
| 4 | | 05/17/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 5 | | 05/17/2007 | |
ACTION BY CLERK. Granted: 05/29/2007 |
| 6 | | 05/28/2007 | |
APPELLANT BRIEF |
| 7 | | 05/28/2007 | |
E-FILED BRIEF (ATB) |
| 8 | | 05/28/2007 | |
APPELLANT APPENDIX |
| 9 | | 05/28/2007 | |
E-FILED APPENDIX (ATA) |
| 10 | | 05/31/2007 | |
Efiling surcharge $25 received; receipt no. 17553 |
| 11 | | 06/01/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 12 | | 06/01/2007 | |
Received 7 copies of ATA from Central Duplicating |
| 13 | | 06/26/2007 | |
APPELLEE BRIEF |
| 14 | | 06/26/2007 | |
DISK - AEB (emailed) |
| 15 | | 06/26/2007 | |
APPELLEE APPENDIX |
| 16 | | 07/08/2007 | |
REPLY BRIEF of Appellant (e-filed) |
| 17 | | 07/08/2007 | |
E-FILED BRIEF (RYB) |
| 18 | | 07/17/2007 | |
Received 7 copies of RYB from Central Duplicating Services |
| 19 | | 08/17/2007 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 20 | | 09/10/2007 | |
APPEARANCES: Waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed |
| 21 | | 09/10/2007 | |
ARGUED: waived under NDRAppP 34(a)(2), and this matter submitted on records and briefs filed |
| 22 | | 10/16/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 23 | | 10/16/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 24 | | 10/16/2007 | |
Costs on appeal taxed in favor of appellee |
| 25 | | 10/17/2007 | |
Judgment E-Mailed to Parties |
| 26 | | 11/16/2007 | |
MANDATE |
| 27 | | 11/21/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |