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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.


Briefs

Filing Date Description
10/15/2007 APPELLANT BRIEF (e-filed) View
11/21/2007 APPELLEE BRIEF View

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