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Eriksmoen v. N.D. Dept. of Transportation

Docket No. 20050129
Oral Argument: Monday, October 31, 2005 9:00am

Docket Info

Title
Kjerstin Thora Eriksmoen, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 04-C-01328
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2005 ND 206706 N.W.2d 610
Oral Argument 10/31/2005

Highlight

An arrestee's right to consult privately with counsel before taking a chemical test must be balanced against society's interest in obtaining important evidence.
If a person arrested for driving under the influence is asked to submit to a chemical test and responds with a request to speak with an attorney, the failure to allow the arrested person a reasonable opportunity to contact an attorney prevents the revocation of her license for refusal to take the test. The reasonableness of the opportunity to consult with counsel is viewed objectively in light of the totality of the circumstances.


Briefs

Filing Date Description
05/18/2005 APPELLANT BRIEF (Original) View
07/11/2005 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Zachary Evan Pelham - 05904
APPELLEE ATT. GENERAL OFFICE Andrew Moraghan - 04305

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

Seq. # Filing Date Description Attachment
1 04/12/2005 NOTICE OF APPEAL : 04/08/2005
2 04/13/2005 DISK - Transcript of October 6, 2004 administrative hearing (emailed)
3 05/05/2005 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing Trans. dated 10-6-04 (Not
4 05/05/2005 Rec'd: # 14 - steno notes)
5 05/18/2005 APPELLANT BRIEF (Original) View
6 05/18/2005 APPELLANT APPENDIX
7 05/19/2005 7 copies of Appellant's Brief
8 05/19/2005 Corrected Table of Contents for ATB
9 05/20/2005 DSK of ATB (e-mailed)
10 06/14/2005 MOT. EXT/TIME APPELLEE BRIEF (letter form)
11 06/14/2005 ACTION BY CLERK - Granted : 07/11/2005
12 06/14/2005 E-FILED MOTION (MAE)
13 07/11/2005 APPELLEE BRIEF View
14 07/11/2005 DISK - AEB (e-mailed)
15 10/26/2005 MOTION To Impose Sanctions in Regard to Appellee's Brief (faxed)
16 10/26/2005 E-FILED MOTION (Mot/Impose/Sanctions)
17 10/27/2005 Appellee's Response to Motion to Impose Sanctions
18 10/31/2005 APPEARANCES: Henry H. Howe; Andrew Moraghan, Zachary E. Pelham
19 10/31/2005 ARGUED: Howe; Moraghan
20 10/31/2005 ORAL ARGUMENT WEBCAST
21 10/31/2005 NO ACTION TAKEN (Motion to Impose Sanctions withdrawn in open court by Mr. Howe)
22 11/29/2005 DISPOSITION
23 11/29/2005 UNANIMOUS OPINION : Kapsner, Carol Ronning View
24 11/29/2005 Costs on appeal taxed in favor of appellee
25 11/30/2005 Judgment Mailed to Parties
26 12/20/2005 Mot. Ext/Time Petition for Rehearing (faxed)
27 12/20/2005 E-FILED MOTION (Mot/Ext/PER) (faxed)
28 12/20/2005 ACTION BY CHIEF JUSTICE - Granted : 12/20/2005
29 12/20/2005 PETITION FOR REHEARING, entitled "Motion for Rehearing" View
30 12/20/2005 E-FILED Pet/Rehearing (faxed)
31 12/21/2005 Copies made of Pet/Rehearing
32 01/31/2006 ACTION BY SUPREME COURT (PER) - Denied
33 02/08/2006 MANDATE
34 02/13/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35 09/18/2014 EXPUNGED - Nonpermanent record items destroyed