Leno v. Department of Transportation
Docket No. 20070213
Oral Argument:
Friday, December 21, 2007 9:30am
Docket Info
- Title
- James Leno, Petitioner and Appellant
v.
North Dakota Department of
Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 07-C-00691
South Central Judicial District, Burleigh County
Donald L. Jorgensen
2008 ND 10743 N.W.2d 794
Oral Argument
12/21/2007
Highlight
The Department is not required to show an Intoxilyzer machine has been recalibrated following a movement of the machine to prove an Intoxilyzer test was fairly administered.
An agency's decision will be affirmed if its findings of fact are supported by a preponderance of the evidence. When deciding whether a preponderance of the evidence supports an agency's findings, we do not re-weigh the evidence or substitute our judgment for that of the agency.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | ATT. GENERAL OFFICE | Michael Trent Pitcher - 06369 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/26/2007 | NOTICE OF APPEAL : 07/24/2007 | |
| 2 | 07/26/2007 | ORDER FOR TRANSCRIPT : 07/24/2007 | |
| 3 | 07/31/2007 | DISK-Administrative Transcript 3/26/07 (electronic) | |
| 4 | 09/04/2007 | TRANSCRIPT DATED July 13, 2007 | |
| 5 | 09/04/2007 | DISK -TRA (7/13/07) | |
| 6 | 09/04/2007 | Certificate of Service of Copies of Transcripts | |
| 7 | 09/06/2007 | RECORD ON APPEAL & Administrative Hearing transcript dated 3-26-07 | |
| 8 | 09/20/2007 | Amended Notice of Appeal filed in the trial court on September 19, 2007 | |
| 9 | 09/20/2007 | Clerk's Supplemental Cert. of Record dated September 19, 2007, with entries 22-29 attached | |
| 10 | 10/15/2007 | APPELLANT BRIEF (e-filed) | View |
| 11 | 10/15/2007 | E-FILED BRIEF (ATB) | |
| 12 | 10/15/2007 | APPELLANT APPENDIX (e-filed) | |
| 13 | 10/15/2007 | E-FILED APPENDIX (faxed) | |
| 14 | 10/16/2007 | Received $26 surcharge for atb & ata (Receipt #17884) | |
| 15 | 10/19/2007 | Notice of Appearance of Michael T. Pitcher for Dept. of Transportation | |
| 16 | 10/19/2007 | Received copies of ATB from Central Duplicating | |
| 17 | 10/19/2007 | Received copies of ATA from Central Duplicating | |
| 18 | 11/14/2007 | MOT. EXT/TIME APPELLEE BRIEF (Faxed letter from Mr. Pitcher) | |
| 19 | 11/14/2007 | E-FILED MOTION (Mot/Ext/AEB) (Faxed) | |
| 20 | 11/14/2007 | ACTION BY CLERK (MAE) - Granted : 11/21/2007 | |
| 21 | 11/21/2007 | APPELLEE BRIEF | View |
| 22 | 11/21/2007 | Affidavit of Service by Mail | |
| 23 | 11/21/2007 | DISK - AEB (by email) | |
| 24 | 12/21/2007 | APPEARANCES: Justin Vinje; Michael Pitcher, Assistant Attorney General | |
| 25 | 12/21/2007 | ARGUED: Vinje; Pitcher | |
| 26 | 12/21/2007 | ORAL ARGUMENT WEBCAST | |
| 27 | 01/17/2008 | DISPOSITION | |
| 28 | 01/17/2008 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 29 | 01/17/2008 | Costs on appeal taxed in favor of Appellee | |
| 30 | 01/22/2008 | Judgment E-Mailed to Parties | |
| 31 | 02/11/2008 | MANDATE | |
| 32 | 02/13/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 33 | 04/25/2018 | EXPUNGED - Nonpermanent record items destroyed |