Ratka v. N.D. Dep't of Transportation
Peter Ratka, Appellant
Director, North Dakota Department
of Transportation, Appellee
South Central Judicial District,
Judge David E. Reich
|Nature of Action:||Transportation Dept.|
|Term:||06/2013  Argument: 06/04/2013|
|ND cite:||2013 ND 90|
832 N.W.2d 334
Listen to recording of oral argument in MP3 format
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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|1||03/15/2013 NOTICE OF APPEAL: 03/13/2013|
|2||03/20/2013 Received $125 filing fee (receipt #21757)|
|3||03/19/2013 DISK-TRA (ADMINISTRATIVE HEARGING DATED SEPTEMBER 7, 2012) E-MAILED|
|4||04/10/2013 ELEC. RECORD ON APPEAL DATED 4/09/2013 (ENTRY NOS.1-24)|
|5||04/22/2013 APPELLANT BRIEF & Addendum|
|6||04/22/2013 APPELLANT APPENDIX|
|7||04/22/2013 DISK(ATB) e-mailed|
|8||05/16/2013 NOTICE OF ORAL ARGUMENT SENT|
|9||05/21/2013 APPELLEE BRIEF|
|10||05/21/2013 DISK (AEB) e-mailed|
|11||06/04/2013 APPEARANCES: Michael Hoffman/Michael Pitcher|
|12||06/04/2013 ARGUED: Hoffman/Pitcher|
|13||06/04/2013 ORAL ARGUMENT WEBCAST|
|14||06/19/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.|
|15||06/19/2013 UNANIMOUS OPINION: Per Curiam|
|16||06/19/2013 costs on appeal taxed in favor of the Appellee|
|17||06/20/2013 Judgment Sent to Parties|