Peterson v. Ziegler
v.
Francis G. Ziegler, Director,
N.D. Department of Transportation, Respondent and Appellant
Judge Bruce B. Haskell
| Appellant: | Michael Trent Pitcher , Att. General Office | |
| Appellee: | Vogel Law Firm |
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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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