Brewer v. Ziegler
Docket No. 20070152
Oral Argument:
Monday, October 22, 2007 2:45pm
Docket Info
- Title
- Nancy Juanita Brewer, Petitioner and Appellant
v.
Francis G. Ziegler, Director,
Department of Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 07-C-00046
East Central Judicial District, Cass County
Georgia Dawson
2007 ND 207743 N.W.2d 391
Oral Argument
10/22/2007
Highlight
A highway patrol officer has the express power to enforce the state motor vehicle laws and to enforce all laws relating to the use or presence of alcoholic beverages in motor vehicles, and, therefore, has the power to arrest a person who is located on private property while violating the provisions of those laws.
The failure to give an implied consent advisory does not require exclusion of the preliminary breath test results.
Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/31/2007 | NOTICE OF APPEAL : 05/30/2007 | |
| 2 | 05/31/2007 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 3 | 06/05/2007 | DISK - TRA (11-11-06 and 11-11-06 corrected) (e-mailed) | |
| 4 | 06/25/2007 | APPELLANT BRIEF | View |
| 5 | 06/25/2007 | APPELLANT APPENDIX | |
| 6 | 06/26/2007 | DISK - ATB | |
| 7 | 07/02/2007 | RECORD ON APPEAL, Transcript of Administrative Hearing dated 11-11-06 (Entry #8) & corrected | |
| 8 | 07/02/2007 | Transcript of Admnistrative Hearing dated 11-11-06 (Entry #10) | |
| 9 | 07/20/2007 | Corrected page 56 of ATA | |
| 10 | 07/26/2007 | APPELLEE BRIEF | View |
| 11 | 07/26/2007 | Affidavit of Service by Mail dated 7-26-07 mailing AEB to opposing counsel | |
| 12 | 07/26/2007 | DISK - AEB (E-mailed) | |
| 13 | 08/07/2007 | REPLY BRIEF of Appellant | View |
| 14 | 08/08/2007 | DISK - ryb | |
| 15 | 08/17/2007 | Notice of Appearance | |
| 16 | 09/20/2007 | SITTING WITH THE COURT : Foughty, Donovan John | |
| 17 | 10/22/2007 | APPEARANCES: Mark A. Friese, Timothy Q. Purdon; Andrew Moraghan, Michael T. Pitcher | |
| 18 | 10/22/2007 | ARGUED: Friese; Moraghan | |
| 19 | 10/22/2007 | ORAL ARGUMENT WEBCAST | |
| 20 | 12/20/2007 | DISPOSITION | |
| 21 | 12/20/2007 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 22 | 12/20/2007 | Costs on appeal taxed in favor of Appellee under Rule 39, N.D.R.App.P. | |
| 23 | 12/20/2007 | Judgment Mailed to Parties | |
| 24 | 01/11/2008 | MANDATE | |
| 25 | 01/15/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 26 | 11/07/2017 | EXPUNGED - Nonpermanent record items destroyed |