Ike v. Director, ND Dept. of Transportation
|
| 20070302 |
Jonathan P. Ike, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee
|
| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge David W. Nelson |
|
Nature of Action: |
Transportation Dept.
|
| Counsel: |
|
| Term: |
03/2008 Argument: 03/05/2008 10:45am
|
| ND cite: |
2008 ND 85
|
| NW cite: |
748 N.W.2d 692
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. Was Exhibit 1b inadmissible in that statutory foundation for proceeding with the administrative hearing against Ike was not shown?
2. Was Exhibit 1d inadmissible in that it was not shown that the specimen collector was on the List of Approved Designations of Individuals Medically Qualified to Draw Blood?
Appellee's Statement of the Issues:
I. Whether the basic and mandatory provisions of N.D.C.C. 39-20-03.1 were met so the Department of Transportation ("Department") had jurisdiction to suspend Ike's driving privileges.
II. Whether a reasoning mind reasonably could have concluded Ike's blood specimen was drawn by a person who was medically qualified to withdraw blood for the purpose of determining its alcohol content.
|
|
 Add Docket 20070302 RSS
|
| 1 | | 10/11/2007 | |
NOTICE OF APPEAL: 10/05/2007 |
| 2 | | 10/11/2007 | |
ORDER FOR TRANSCRIPT: 10/05/2007 |
| 3 | | 10/31/2007 | |
RECORD ON APPEAL |
| 4 | | 11/21/2007 | |
TRANSCRIPT DATED September 10, 2007 |
| 5 | | 11/21/2007 | |
DISK - transcript dated September 10, 2007 (emailed) |
| 6 | | 11/26/2007 | |
Certificate of Service of Appeal Transcript |
| 7 | | 11/28/2007 | |
First Supplemental Clerk's Certificate of Record (Entry Nos.22 & 23) |
| 8 | | 12/31/2007 | |
APPELLANT BRIEF |
| 9 | | 12/31/2007 | |
APPELLANT APPENDIX |
| 10 | | 12/31/2007 | |
DISK - ATB (e-mailed) |
| 11 | | 01/30/2008 | |
APPELLEE BRIEF |
| 12 | | 01/30/2008 | |
APPELLEE APPENDIX |
| 13 | | 01/30/2008 | |
DISK of AEB |
| 14 | | 03/05/2008 | |
APPEARANCES: Michael R. Hoffman; Douglas B. Anderson |
| 15 | | 03/05/2008 | |
ARGUED: Hoffman; Anderson |
| 16 | | 03/05/2008 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 05/15/2008 | |
DISPOSITION: AFFIRMED |
| 18 | | 05/15/2008 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 19 | | 05/15/2008 | |
Costs taxed in favor of the Department of Transportation |
| 20 | | 05/16/2008 | |
Judgment e-mailed to Parties |
| 21 | | 06/06/2008 | |
MANDATE |
| 22 | | 06/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |