Vanlishout v. ND Dept. of Transportation

20110017 Lee M. Vanlishout, Plaintiff and Appellant
v.
North Dakota Department of
Transportation, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Danny Lee Herbel
Appellee: Douglas Bruce Anderson
Term: 05/2011   Argument: 05/31/2011  9:00am
ND cite: 2011 ND 138
NW cite: 799 N.W.2d 397

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.There was insufficient evidence, and no reasonable grounds to believe, that Mr. Vanlishout was in actual physical control of a vehicle while having an alcohol concentration of at least eight one-hundredths of one percent by weight within two hours after being in physical control of a motor vehicle
II.Because no reasonable grounds existed, Vanlishout's arrest was therefore unconstitutional
III.The deputy did not have reasonable grounds to believe Vanlishout committed a traffic offense.

Appellee's Statement of the Issues:
I. Whether Deputy Engelstad had a reasonable and articulable suspicion that Vanlishout was in actual physical control of a vehicle while under the influence of intoxicating liquor.
II. Whether Vanlishout was tested within two hours after having been in actual physical control of a vehicle.

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Docket entries:
101/12/2011 NOTICE OF APPEAL: 01/10/2011
201/19/2011 DISK - Adm. Agency Transcript dated 6-25-10
302/09/2011 RECORD ON APPEAL & SEPARATE (ENTRY NO. 4).
402/19/2011 APPELLANT BRIEF (e-filed) PDF
502/19/2011 E-FILED BRIEF (ATB) PDF
602/19/2011 APPELLANT APPENDIX (e-filed) PDF
702/19/2011 E-FILED APPENDIX (ATA) PDF
802/23/2011 Received $25 e-filing surcharge for ATB (Receipt #20191)
902/24/2011 Received 7 copies of ATB from Central Duplicating.
1002/24/2011 Received 6 copies of ATA from Central Duplicating.
1103/21/2011 APPELLEE BRIEF
1203/21/2011 APPELLEE APPENDIX
1303/21/2011 DISK - aeb (e-mailed)
1404/04/2011 REPLY BRIEF of Appellant (e-filed)
1504/04/2011 E-FILED BRIEF (RYB)
1604/06/2011 Received 7 copies of RYB from CSD
1704/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
1804/26/2011 NOTICE OF Rescheduled ORAL ARGUMENT SENT
1905/16/2011 Request for Radio/TV Coverage (AP)
2005/16/2011 ACTION BY CLERK. Granted
2105/31/2011 APPEARANCES: Danny Herbel; Douglas B. Anderson
2205/31/2011 ARGUED: Danny Herbel; Douglas B. Anderson
2305/31/2011 ORAL ARGUMENT WEBCAST
2407/13/2011 DISPOSITION: AFFIRMED
2507/13/2011 UNANIMOUS OPINION: Sandstrom, Dale V.
2607/13/2011 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
2707/14/2011 Judgment Sent to Parties
2808/09/2011 MANDATE
2908/15/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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