Steinmeyer v. Department of Transportation

20090096 Chance Steinmeyer, Petitioner and Appellee
v.
Department of Transportation, Respondent and Appellant

Appeal from: District Court, Southwest Judicial District, Stark County
Judge William A. Herauf
Nature of Action: Transportation Dept.
Counsel:
Appellant: Andrew Moraghan , Att. General Office
Appellee: Ashley Erin Holmes
Term: 06/2009   Argument: 06/15/2009  2:45pm
ND cite: 2009 ND 126
NW cite: 768 N.W.2d 491

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether a reasoning mind reasonably could have concluded that Officer Holding Eagle ascertained a twenty-minute waiting period before administration of Steinmeyer's Intoxilyzer test.

Appellee's Statement of the Issues:
Whether a reasoning mind could reasonably conclude that the Hearing Officer's finding that Officer Holding Eagle adequately ascertained the 20 minute wait period for the Intoxilyzer test because Officer Holding Eagle conducted the HGN, walk-and-turn and one leg stand tests before beginning the wait period for the SD-2 was supported by the weight of the evidence.

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Docket entries:
103/13/2009 NOTICE OF APPEAL: 03/06/2009
203/17/2009 DISK - tra of Administrative Hearing(10/28/08) (e-mailed)
304/02/2009 APPELLANT BRIEF
404/02/2009 APPELLANT APPENDIX
504/02/2009 DISK of ATB (e-mailed)
604/03/2009 RECORD ON APPEAL
705/01/2009 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (faxed)
805/01/2009 E-FILED MOTION (Mot/Ext/AEB) (Faxed)
905/01/2009 ACTION BY CLERK (MAE). Granted: 05/22/2009
1005/22/2009 APPELLEE BRIEF
1105/22/2009 E-FILED BRIEF - AEB
1206/01/2009 Received $25 surcharge for AEB (Receipt 18867)
1306/03/2009 Received 7 copies of AEB from Central Duplicating,
1406/15/2009 APPEARANCES: Andrew Moraghan, Asst. Attorney General/Ashley Holmes
1506/15/2009 ARGUED: Moraghan/Holmes
1606/15/2009 ORAL ARGUMENT WEBCAST
1707/09/2009 DISPOSITION: REVERSED
1807/09/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
1907/09/2009 Costs on appeal taxed in favor of appellant
2007/10/2009 Judgment e-mailed to Parties
2107/31/2009 MANDATE
2208/04/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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