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

Docket No. 20180290
Oral Argument: Friday, December 21, 2018 9:30 AM

Docket Info

Title
Shaun Robert Ebach, Appellant
v.
North Dakota Department of Transportation, Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2018-CV-00122
Northeast Judicial District, Ramsey County
Donovan John Foughty
2019 ND 80

Highlight

At a hearing under N.D.C.C. 39-20-05, the regularly kept records of the director and state crime laboratory may be introduced; once introduced, those records establish prima facie their contents without further foundation.

Once a chemical breath test record is admitted into evidence, establishing prima facie its contents, a party may rebut the presumption of fair administration by establishing a deviation from approved procedures or a lack of fair administration despite compliance with approved procedures.

Unless the defendant produces enough evidence to rebut the foundation of fair administration, evidence discrediting chemical breath test results will affect the weight given the test results not their admissibility.

Steps not expressly included in the approved method published by the State Toxicologist are not foundational requirements for the admission of chemical breath test records.


Briefs

Filing Date Description
08/30/2018 APPELLANT BRIEF View
09/27/2018 APPELLEE BRIEF View
10/05/2018 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Luke Thomas Heck - 08133
APPELLEE ATT. GENERAL OFFICE Nici Meyer - 05733
APPELLANT PRIVATE PRACTICE Drew James Hushka - 08230

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 07/24/2018 NOTICE OF APPEAL : 07/24/2018
2 07/26/2018 Rec'd $125 filing fee
3 07/27/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 07/27/2018 Notice served on Luke T. Heck and Nici Meyer
5 07/30/2018 DISK - Transcript of Administrative Agency Hearing dated March 13, 2018 (e-mailed)
6 08/17/2018 ELEC. RECORD ON APPEAL DATED AUGUST 16, 2018 (ENTRY NOS. 1 - 44)
7 08/17/2018 AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 16, 2018 (ENTRY NOS. 1 - 45)
8 08/30/2018 APPELLANT BRIEF View
9 08/30/2018 E-FILED BRIEF (PDF)
10 08/30/2018 APPELLANT APPENDIX
11 08/30/2018 E-FILED APPENDIX
12 09/06/2018 Rec'd NOA & Spec. of Error and Admin. Agency Docket for ATA & C.O.S.
13 09/07/2018 Rec'd $25 e-filing surcharge for ATB (Receipt #26567)
14 09/07/2018 Rec'd 6 copies each of ATB & ATA from Central Duplicating
15 09/27/2018 APPELLEE BRIEF View
16 10/02/2018 DISK (AEB) EMAILED
17 10/05/2018 REPLY BRIEF View
18 10/05/2018 E-FILED BRIEF (PDF)
19 10/11/2018 Rec'd 6 copies of RYB from Central Duplicating
20 11/14/2018 NOTICE OF ORAL ARGUMENT SENT
21 12/18/2018 Letter of citations under N.D.R.App.P. 28(k) from Atty. General View
22 12/21/2018 APPEARANCES: Luke T. Heck; Nici Meyer
23 12/21/2018 ARGUED: Luke T. Heck; Nici Meyer
24 12/21/2018 ORAL ARGUMENT WEBCAST
25 03/13/2019 DISPOSITION
26 03/13/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
27 03/13/2019 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
28 03/15/2019 Judgment Sent to Parties