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.
(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 |