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

20120417 Tyler Scott Dawson, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Transportation Dept.
Counsel:
Appellant: Justin Dale Hager
Appellee: Douglas Bruce Anderson , Att. General Office
Term: 03/2013   Argument: 03/04/2013  11:00am
ND cite: 2013 ND 62
NW cite: 830 N.W.2d 221

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Issues: 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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Docket entries:
111/30/2012 NOTICE OF APPEAL: 11/30/2012
212/03/2012 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
312/04/2012 DISK-ADM. TRA DATED 8-2-12 (E-MAILED)
412/27/2012 APPELLANT BRIEF
512/27/2012 APPELLANT APPENDIX
612/27/2012 DISK (ATB)
701/02/2013 ELEC. RECORD ON APPEAL DATED DECEMBER 31, 2012 (ENTRY NOS. 1-21)
801/04/2013 Rcv'd corrections to ATA (admin order & docket sheet w/ new TOC & C.O.S.)
901/29/2013 APPELLEE BRIEF
1001/29/2013 APPELLEE APPENDIX
1101/29/2013 DISK (AEB)(e-mailed)
1202/13/2013 NOTICE OF ORAL ARGUMENT SENT
1302/13/2013 SITTING WITH THE COURT: Hovey, James D.
1403/04/3013 APPEARANCES: Justin Hager/Douglas Anderson
1503/04/2013 ARGUED: Hager/D. Anderson
1603/04/2013 ORAL ARGUMENT WEBCAST
1704/11/2013 DISPOSITION: REVERSED AND REMANDED
1804/11/2013 UNANIMOUS OPINION: Maring, Mary Muehlen
1904/11/2013 Costs on appeal taxed in favor of Appellant
2004/12/2013 Judgment Sent to Parties
2105/15/2013 MANDATE

Generated from Supreme Court Docket on 04/18/2014