Suelzle v. ND Dept. of Transportation
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| 20080030 |
Benjamin Suelzle, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Zane Anderson |
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Nature of Action: |
Administrative Proceeding
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| Counsel: |
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| Term: |
05/2008 Argument: 05/23/2008 09:30am
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| ND cite: |
2008 ND 102
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| NW cite: |
756 N.W.2d 344
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. The SD-2 and HGN tests were properly excluded from the Hearing Officer's decision.
II. The Hearing Officer's decision was clearly erroneous because the Department's findings did not support the conclusion that the Officer had probable cause to arrest Suelzle for Driving Under the Influence.
Appellee's Statement of the Issues:
I. Whether the hearing officer's exclusion of evidence regarding the SD-2 and HGN tests did not warrant the exclusion of the law enforcement officer's remaining testimony.
II. Whether the law enforcement officer had probable cause to arrest Suelzle.
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| 1 | | 01/31/2008 | |
NOTICE OF APPEAL: 01/29/2008 |
| 2 | | 02/26/2008 | |
RECORD ON APPEAL - includes transcript of Administrative Hearing dated 9-25-07 |
| 3 | | 02/28/2008 | |
DISK - Trans. of Administrative Hearing dated 9-25-07 (E-mailed) |
| 4 | | 02/28/2008 | |
APPELLANT BRIEF (e-filed) |
| 5 | | 02/28/2008 | |
E-FILED BRIEF (ATB) |
| 6 | | 02/28/2008 | |
APPELLANT APPENDIX (PDF) e-filed |
| 7 | | 02/28/2008 | |
E-FILED APPENDIX (ATA) PDF |
| 8 | | 02/28/2008 | |
Received $25 surcharge for ATB (Receipt #18037). |
| 9 | | 03/06/2008 | |
Received 7 copies of ATB from Central Duplicating |
| 10 | | 03/06/2008 | |
Received 6 copies of ATA from Central Duplicating |
| 11 | | 03/28/2008 | |
APPELLEE BRIEF |
| 12 | | 03/28/2008 | |
APPELLEE APPENDIX |
| 13 | | 03/28/2008 | |
DISK of AEB |
| 14 | | 04/02/2008 | |
Letter from Kelly Armstrong dated 4-1-08 consenting to the appearance of Teresa Sears on the ATB |
| 15 | | 04/04/2008 | |
Benjamin Suelzle's Consent to Appear for Third Year Law Student Teresa Sears |
| 16 | | 05/23/2008 | |
APPEARANCES: Kelly M. Armstrong; Douglas B. Anderson |
| 17 | | 05/23/2008 | |
ARGUED: Armstrong; Anderson |
| 18 | | 05/23/2008 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 06/05/2008 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 20 | | 06/05/2008 | |
UNANIMOUS OPINION: Per Curiam |
| 21 | | 06/05/2008 | |
Costs on appeal taxed in favor of appellee |
| 22 | | 06/06/2008 | |
Judgment Mailed to Parties (e-mailed) |
| 23 | | 06/30/2008 | |
MANDATE |
| 24 | | 07/02/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |