Kiecker v. ND Dept. of Transportation
Docket No. 20040150
Oral Argument:
Thursday, November 4, 2004 10:45am
Docket Info
- Title
- Tige Matthew Kiecker, Plaintiff and Appellee
v.
North Dakota Department
of Transportation, Defendant and Appellant - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 03-C-74
Southeast Judicial District, LaMoure County
John T. Paulson
2005 ND 23691 N.W.2d 266
Oral Argument
11/4/2004
Highlight
The results of a blood-alcohol test must be received in evidence when it is shown that the sample was properly obtained and the test was fairy administered, and if the test is shown to have been performed according to methods and with devices approved by the State Toxicologist.
A document is not part of the approved method unless the State Toxicologist expressly includes it in the approved method and makes it a foundational requirement for fair administration.
The installation and repair checkout form is not part of the approved method.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | ATT. GENERAL OFFICE | Douglas Bruce Anderson - 05072 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/04/2004 | NOTICE OF APPEAL : 06/03/2004 | |
| 2 | 06/09/2004 | Faxed letter from Douglas Anderson, Asst. A.G., re no filing fee required | |
| 3 | 06/10/2004 | DISK - TRA (Administrative Hrg. 12-8-03) (e-mailed) | |
| 4 | 06/29/2004 | RECORD ON APPEAL (w/separate 8 - administrative record) | |
| 5 | 07/13/2004 | APPELLANT BRIEF | View |
| 6 | 07/13/2004 | APPELLANT APPENDIX | |
| 7 | 07/13/2004 | DISK e-mailed (ATB) | |
| 8 | 08/12/2004 | MOT. EXT/TIME APPELLEE BRIEF (letter form) | |
| 9 | 08/12/2004 | ACTION BY CLERK (MAE) - Granted : 09/11/2004 | |
| 10 | 08/12/2004 | E-FILED MOTION (MAE) | |
| 11 | 08/12/2004 | Original of e-mailed motion for ext of time for appellee's brief | |
| 12 | 08/13/2004 | Ltr from Douglas B. Anderson dated Aug 13, 2004 responding to appellee's request for 30 day ext | |
| 13 | 08/13/2004 | E-FILED Response to AE MOTION for ext of time for filing brief | |
| 14 | 08/16/2004 | Original letter dated 8-13-04 from Douglas B. Anderson | |
| 15 | 09/13/2004 | APPELLEE BRIEF | View |
| 16 | 09/13/2004 | DISK - AEB | |
| 17 | 11/04/2004 | APPEARANCES: Douglas B. Anderson; Chad R. McCabe | |
| 18 | 11/04/2004 | ARGUED: Anderson; McCabe (Vol. Z; page 47) | |
| 19 | 11/04/2004 | ORAL ARGUMENT WEBCAST | |
| 20 | 01/19/2005 | DISPOSITION | |
| 21 | 01/19/2005 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 22 | 01/19/2005 | Costs on appeal taxed in favor of appellant | |
| 23 | 01/20/2005 | Judgment Mailed to Parties | |
| 24 | 02/16/2005 | MANDATE | |
| 25 | 07/07/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 26 | 08/30/2011 | EXPUNGED - Nonpermanent record items destroyed |