Mees v. N.D. Dep't of Transportation

20120348 Timothy Allen Mees, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Tyrone Jay Turner
Term: 01/2013   Argument: 01/14/2013  1:30pm
ND cite: 2013 ND 36
NW cite: 827 N.W.2d 345

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Issues: Appellant's Statement of the Issues:
Whether the hearing officer reasonably determined that it was ascertained that Mees had nothing to eat, drink, or smoke within twenty minutes prior to the collection of the breath sample as required in the state toxicologist's approved method?

Appellee's Statement of the Issues:
Whether the Department proved that Mees had nothing to eat, drink or smoke for twenty minutes prior to administering the Intoxilyzer 8000 to Mees, as required in the State Toxicologist's approved method?

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Docket entries:
109/17/2012 NOTICE OF APPEAL: 09/17/2012
209/18/2012 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
309/18/2012 DISK - tra (Adm. Agency Hrg dated 2-24-12)
410/15/2012 ELEC. RECORD ON APPEAL DATED 10/12/12 (ENTRY NOS.1-23)
510/29/2012 APPELLANT BRIEF
610/29/2012 APPELLANT APPENDIX
710/29/2012 DISK - atb (e-mailed)
812/03/2012 Received $25 surcharge for e-filed aeb (Receipt #21605)
912/03/2012 APPELLEE BRIEF
1012/03/2012 E-FILED BRIEF
1112/04/2012 Received non-substantive changes to aeb
1212/04/2012 Received 7 copies of AEB from CSD
1312/18/2012 NOTICE OF ORAL ARGUMENT SENT
1412/19/2012 SITTING WITH THE COURT: Lee, Gary H.
1501/14/2013 APPEARANCES: Michael Pitcher/Tyrone Turner
1601/14/2013 ARGUED: Pitcher/Turner
1701/14/2013 ORAL ARGUMENT WEBCAST
1802/28/2013 DISPOSITION: REVERSED
1902/28/2013 UNANIMOUS OPINION: Maring, Mary Muehlen
2002/28/2013 Costs on Appeal taxed in favor of appellant
2103/01/2013 Judgment Sent to Parties
2203/27/2013 MANDATE

Generated from Supreme Court Docket on 07/29/2014