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

20120352 Jay Olson, Petitioner and Appellee
v.
North Dakota Department of
Transportation, Respondent and Appellant

Appeal from: District Court, Northwest Judicial District, McKenzie County
Judge David W. Nelson
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Jeff L. Nehring
Term: 01/2013   Argument: 01/14/2013  9:00am
ND cite: 2013 ND 104
NW cite: 831 N.W.2d 742

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
Whether the hearing officer reasonably determined that Officer Blood ascertained that Olson 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 Hearing Officer properly determined that Officer Blood had ascertained that Olson had nothing to eat, drink, or smoke within twenty minutes of submitting to a breath sample as required by the approved method.

Add Docket 20120352 RSS Add Docket 20120352 RSS

Docket entries:
109/20/2012 NOTICE OF APPEAL: 09/17/2012
209/24/2012 DISK- TRA (Adm. Agencey Hrg dated 01/04/2012)
310/16/2012 ELEC. RECORD ON APPEAL DATED 10/15/2012 (ENTRY NOS.1-33)
410/29/2012 APPELLANT BRIEF
510/29/2012 APPELLANT APPENDIX
610/29/2012 DISK of ATB (e-mailed)
711/21/2012 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support
811/21/2012 ACTION BY CLERK. Granted: 12/05/2012
912/06/2012 Received non-substantive corrections to brief (para nos on toc and toa)
1012/06/2012 Received courtesy copy of AEB in wd
1112/10/2012 Received $25 surcharge for AEB (Receipt #21613)
1212/04/2012 APPELLEE BRIEF (PDF)
1312/04/2012 E-FILED BRIEF (PDF)
1412/11/2012 Received 7 copies of AEB from CSD
1512/18/2012 NOTICE OF ORAL ARGUMENT SENT
1601/11/2013 AMENDED NOTICE OF ORAL ARGUMENT SENT
1701/14/2013 APPEARANCES: Michael Pitcher/Jeff Nehring
1801/14/2013 ARGUED: Pitcher/Nehring
1901/14/2013 ORAL ARGUMENT WEBCAST
2006/19/2013 DISPOSITION (AND REINSTATED): REVERSED
2106/19/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
2206/19/2013 Costs on appeal taxed in favor of the Appellant
2306/20/2013 Judgment Sent to Parties
2407/25/2013 MANDATE

Generated from Supreme Court Docket on 07/31/2014