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|
|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)|
|4||12/27/2012 APPELLANT BRIEF|
|5||12/27/2012 APPELLANT APPENDIX|
|6||12/27/2012 DISK (ATB)|
|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.)|
|9||01/29/2013 APPELLEE BRIEF|
|10||01/29/2013 APPELLEE APPENDIX|
|11||01/29/2013 DISK (AEB)(e-mailed)|
|12||02/13/2013 NOTICE OF ORAL ARGUMENT SENT|
|13||02/13/2013 SITTING WITH THE COURT: Hovey, James D.|
|14||03/04/2013 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|