Steinmeyer v. Department of Transportation
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| 20090096 |
Chance Steinmeyer, Petitioner and Appellee
v.
Department of Transportation, Respondent and Appellant
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge William A. Herauf |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
06/2009 Argument: 06/15/2009 02:45pm
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| ND cite: |
2009 ND 126
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| NW cite: |
768 N.W.2d 491
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 03/13/2009 | |
NOTICE OF APPEAL: 03/06/2009 |
| 2 | | 03/17/2009 | |
DISK - tra of Administrative Hearing(10/28/08) (e-mailed) |
| 3 | | 04/02/2009 | |
APPELLANT BRIEF |
| 4 | | 04/02/2009 | |
APPELLANT APPENDIX |
| 5 | | 04/02/2009 | |
DISK of ATB (e-mailed) |
| 6 | | 04/03/2009 | |
RECORD ON APPEAL |
| 7 | | 05/01/2009 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (faxed) |
| 8 | | 05/01/2009 | |
E-FILED MOTION (Mot/Ext/AEB) (Faxed) |
| 9 | | 05/01/2009 | |
ACTION BY CLERK (MAE). Granted: 05/22/2009 |
| 10 | | 05/22/2009 | |
APPELLEE BRIEF |
| 11 | | 05/22/2009 | |
E-FILED BRIEF - AEB |
| 12 | | 06/01/2009 | |
Received $25 surcharge for AEB (Receipt 18867) |
| 13 | | 06/03/2009 | |
Received 7 copies of AEB from Central Duplicating, |
| 14 | | 06/15/2009 | |
APPEARANCES: Andrew Moraghan, Asst. Attorney General/Ashley Holmes |
| 15 | | 06/15/2009 | |
ARGUED: Moraghan/Holmes |
| 16 | | 06/15/2009 | |
ORAL ARGUMENT WEBCAST |
| 17 | | 07/09/2009 | |
DISPOSITION: REVERSED |
| 18 | | 07/09/2009 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 19 | | 07/09/2009 | |
Costs on appeal taxed in favor of appellant |
| 20 | | 07/10/2009 | |
Judgment e-mailed to Parties |
| 21 | | 07/31/2009 | |
MANDATE |
| 22 | | 08/04/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |