Ike v. Director, N.D. Dept. of Transportation
Docket No. 20070302
Oral Argument:
Wednesday, March 5, 2008 10:45am
Docket Info
- Title
- Jonathan P. Ike, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 07-C-00449
Northwest Judicial District, Williams County
David W. Nelson
2008 ND 85748 N.W.2d 692
Oral Argument
3/5/2008
Highlight
The issuance of a temporary operator's permit to a driver having an alcohol concentration exceeding the per se limit is a basic and mandatory requirement under N.D.C.C. 39-20-03.1. The issuance of the permit serves as the Department's official notification to the driver of the Department's intent to revoke, suspend, or deny driving privileges.
An officer's error as to a provision that is not basic and mandatory to the Department's authority to proceed is not reversible when there is no prejudice.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/11/2007 | NOTICE OF APPEAL : 10/05/2007 | |
| 2 | 10/11/2007 | ORDER FOR TRANSCRIPT : 10/05/2007 | |
| 3 | 10/31/2007 | RECORD ON APPEAL | |
| 4 | 11/21/2007 | TRANSCRIPT DATED September 10, 2007 | |
| 5 | 11/21/2007 | DISK - transcript dated September 10, 2007 (emailed) | |
| 6 | 11/26/2007 | Certificate of Service of Appeal Transcript | |
| 7 | 11/28/2007 | First Supplemental Clerk's Certificate of Record (Entry Nos.22 & 23) | |
| 8 | 12/31/2007 | APPELLANT BRIEF | View |
| 9 | 12/31/2007 | APPELLANT APPENDIX | |
| 10 | 12/31/2007 | DISK - ATB (e-mailed) | |
| 11 | 01/30/2008 | APPELLEE BRIEF | View |
| 12 | 01/30/2008 | APPELLEE APPENDIX | |
| 13 | 01/30/2008 | DISK of AEB | |
| 14 | 03/05/2008 | APPEARANCES: Michael R. Hoffman; Douglas B. Anderson | |
| 15 | 03/05/2008 | ARGUED: Hoffman; Anderson | |
| 16 | 03/05/2008 | ORAL ARGUMENT WEBCAST | |
| 17 | 05/15/2008 | DISPOSITION | |
| 18 | 05/15/2008 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 19 | 05/15/2008 | Costs taxed in favor of the Department of Transportation | |
| 20 | 05/16/2008 | Judgment e-mailed to Parties | |
| 21 | 06/06/2008 | MANDATE | |
| 22 | 06/10/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 23 | 02/05/2019 | EXPUNGED - Nonpermanent record items destroyed |