Peterson v. Ziegler
Eric John Peterson, Petitioner and Appellee
Francis G. Ziegler, Director,
N.D. Department of Transportation, Respondent and Appellant
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Transportation Dept.|
|Term:||01/2008  Argument: 01/15/2008|
|ND cite:||2008 ND 115|
751 N.W.2d 201
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20070275 RSS|
|1||09/18/2007 NOTICE OF APPEAL: 09/14/2007|
|2||09/20/2007 DISK - Admin Hearing Transcript dated 5-18-07|
|3||10/24/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|4||10/24/2007 APPELLANT BRIEF|
|5||10/24/2007 APPELLANT APPENDIX|
|6||10/25/2007 DISK - atb (E-mailed)|
|7||10/30/2007 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 5-18-07|
|8||11/21/2007 APPELLEE BRIEF|
|9||11/21/2007 Addendum to Appellee Brief - Attached to AEB|
|10||11/21/2007 DISK - AEB|
|11||12/20/2007 SITTING WITH THE COURT: Hagar, Richard L.|
|12||01/15/2008 APPEARANCES: Michael T. Pitcher; Mandy R. Maxon, Timothy Q. Purdon|
|13||01/15/2008 ARGUED: Pitcher; Maxon|
|14||01/15/2008 ORAL ARGUMENT WEBCAST|
|15||06/09/2008 DISPOSITION: REVERSED|
|16||06/09/2008 UNANIMOUS OPINION: Maring, Mary Muehlen|
|17||06/09/2008 Costs on appeal taxed in favor of Appellant|
|18||06/09/2008 Judgment e-mailed to Parties|
|20||07/03/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|