Peterson v. Ziegler

20070275 Eric John Peterson, Petitioner and Appellee
v.
Francis G. Ziegler, Director,
N.D. Department of Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Vogel Law Firm
Term: 01/2008   Argument: 01/15/2008  10:45am
ND cite: 2008 ND 115
NW cite: 751 N.W.2d 201

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court was correct in granting Peterson's appeal by determining the Department failed to file a timely brief.
II. Whether the District Court had statutory grounds to reverse the Department's decision even if the Department's brief was untimely.
III. Whether or not a recitation of the implied consent advisory is necessary after arrest and is within the scope of a civil, administrative implied consent proceeding.

Appellee's Statement of the Issues:
I. Was the District Court authorized to set a timeframe shorter than that allowed by the North Dakota Rules of Civil Procedure for Appellant North Dakota Department of Transportation to file its response brief on appeal to the District Court and were the sanctions imposed for failing to do so an abuse of the District Court's discretion?
II. Does the failure of law enforcement to recite the implied consent advisory to a person arrested for driving under the influence prior to asking that person to submit to a chemical test preclude the North Dakota Department of Transportation from suspending that person's driving privileges if the person submits to the chemical test?

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Docket entries:
109/18/2007 NOTICE OF APPEAL: 09/14/2007
209/20/2007 DISK - Admin Hearing Transcript dated 5-18-07
310/24/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
410/24/2007 APPELLANT BRIEF
510/24/2007 APPELLANT APPENDIX
610/25/2007 DISK - atb (E-mailed)
710/30/2007 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 5-18-07
811/21/2007 APPELLEE BRIEF
911/21/2007 Addendum to Appellee Brief - Attached to AEB
1011/21/2007 DISK - AEB
1112/20/2007 SITTING WITH THE COURT: Hagar, Richard L.
1201/15/2008 APPEARANCES: Michael T. Pitcher; Mandy R. Maxon, Timothy Q. Purdon
1301/15/2008 ARGUED: Pitcher; Maxon
1401/15/2008 ORAL ARGUMENT WEBCAST
1506/09/2008 DISPOSITION: REVERSED
1606/09/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
1706/09/2008 Costs on appeal taxed in favor of Appellant
1806/09/2008 Judgment e-mailed to Parties
1906/30/2008 MANDATE
2007/03/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/01/2014