Dawson v. N.D. Dep't of Transportation
Tyler Scott Dawson, Petitioner and Appellant
North Dakota Department of Transportation, Respondent and Appellee
South Central Judicial District,
Judge Gail Hagerty
|Nature of Action:||Transportation Dept.|
|Term:||03/2013  Argument: 03/04/2013 11:00am|
|ND cite:||2013 ND 62|
830 N.W.2d 221
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Did the lower court correctly decide that hearsay statements needed to be excluded?
B. Did the lower court correctly decide that N.D.R.Ev. Rule 803(1) did not apply?
C. Did the lower court correctly decide that N.D.R.Ev. Rule 803(2) did not apply?
D. Did the lower court err in deciding that without the hearsay statements the hearing officer still had enough information to establish a time of driving?
Appellee's Statement of the Issues:
I. Whether the preponderance of the evidence, even without regard to Deputy Van Inwagen's testimony regarding the statements made to him by the witnesses, supports the hearing officer's finding that Dawson's blood draw occurred within two hours after he had been driving his vehicle.
II. Whether the hearing officer abused her discretion by admitting into evidence Deputy Van Inwagen's testimony regarding the statements made to him by the witnesses under the present sense impression exception to the hearsay rule.
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|1||11/30/2012||NOTICE OF APPEAL: 11/30/2012|
|2||12/03/2012||ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|3||12/04/2012||DISK-ADM. TRA DATED 8-2-12 (E-MAILED)|
|7||01/02/2013||ELEC. RECORD ON APPEAL DATED DECEMBER 31, 2012 (ENTRY NOS. 1-21)|
|8||01/04/2013||Rcv'd corrections to ATA (admin order & docket sheet w/ new TOC & C.O.S.)|
|12||02/13/2013||NOTICE OF ORAL ARGUMENT SENT|
|13||02/13/2013||SITTING WITH THE COURT: Hovey, James D.|
|14||03/04/3013||APPEARANCES: Justin Hager/Douglas Anderson|
|15||03/04/2013||ARGUED: Hager/D. Anderson|
|16||03/04/2013||ORAL ARGUMENT WEBCAST|
|17||04/11/2013||DISPOSITION: REVERSED AND REMANDED|
|18||04/11/2013||UNANIMOUS OPINION: Maring, Mary Muehlen|
|19||04/11/2013||Costs on appeal taxed in favor of Appellant|
|20||04/12/2013||Judgment Sent to Parties|