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

20130083 Peter Ratka, Appellant
v.
Director, North Dakota Department
of Transportation, Appellee

Appeal from: District Court, South Central Judicial District, Mercer County
Judge David E. Reich
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Ray Hoffman
Appellee: Michael Trent Pitcher , Att. General Office
Term: 06/2013   Argument: 06/04/2013  10:45am
ND cite: 2013 ND 90
NW cite: 832 N.W.2d 334

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the arresting officer afford Ratka a reasonable opportunity to speak with an attorney?
If the revocation of Ratke's driver's license for refusal to take the blood test is prevented by the failure to provide him a reasonable opportunity to consult with a lawyer, can he be revoked for refusing the screening test?
Did Ratka refuse to submit to a screening test under N.D.C.C.  39-20-14?

Appellee's Statement of the Issues:
I.The hearing officer's finding that Ratka was provided a reasonable opportunity to contact an attorney is supported by the weight of the evidence.
II.The hearing officer's finding that Ratka refused to submit to the chemical blood test is supported by the weight of the evidence.
III.The hearing officer's finding that Ratka did not cure his refusal of the chemical blood test is supported by the weight of the evidence.
IV.Ratka was properly revoked for refusing to submit to the onsite screening test.
V.The hearing officer's finding that Ratka refused the onsite screening test is supported by the weight of the evidence.

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Docket entries:
103/15/2013 NOTICE OF APPEAL: 03/13/2013
203/20/2013 Received $125 filing fee (receipt #21757)
303/19/2013 DISK-TRA (ADMINISTRATIVE HEARGING DATED SEPTEMBER 7, 2012) E-MAILED
404/10/2013 ELEC. RECORD ON APPEAL DATED 4/09/2013 (ENTRY NOS.1-24)
504/22/2013 APPELLANT BRIEF & Addendum
604/22/2013 APPELLANT APPENDIX
704/22/2013 DISK(ATB) e-mailed
805/16/2013 NOTICE OF ORAL ARGUMENT SENT
905/21/2013 APPELLEE BRIEF
1005/21/2013 DISK (AEB) e-mailed
1106/04/2013 APPEARANCES: Michael Hoffman/Michael Pitcher
1206/04/2013 ARGUED: Hoffman/Pitcher
1306/04/2013 ORAL ARGUMENT WEBCAST
1406/19/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
1506/19/2013 UNANIMOUS OPINION: Per Curiam
1606/19/2013 costs on appeal taxed in favor of the Appellee
1706/20/2013 Judgment Sent to Parties
1807/25/2013 MANDATE

Generated from Supreme Court Docket on 12/22/2014