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Sturn v. Director, N.D. Dept of Transportation

Docket No. 20080199
Oral Argument: Monday, December 22, 2008 10:45am

Docket Info

Title
Kevin John Sturn, Petitioner and Appellee
v.
Director, North Dakota
Department of Transportation, Respondent and Appellant
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 08-C-00304
South Central Judicial District, Morton County
Thomas J. Schneider
2009 ND 39763 N.W.2d 515
Oral Argument 12/22/2008

Highlight

Radar is prima facie evidence of vehicle speed. The foundational requirements for conviction using radar are not the same as the requirement for reasonable suspicion.
An officer's testimony that a vehicle was "traveling rather quickly" and that he verified that it was speeding by using radar is sufficient for reasonable suspicion even if not accompanied by all the foundational elements necessary for conviction of speeding.


Briefs

Filing Date Description
09/22/2008 APPELLANT BRIEF View
10/23/2008 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Thomas M Tuntland - 03250
APPELLANT 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 08/14/2008 NOTICE OF APPEAL : 08/13/2008
2 09/11/2008 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing
3 09/18/2008 DISK of Transcript of Administrative Hearing on 4-8-08 (e-mailed)
4 09/22/2008 APPELLANT BRIEF View
5 09/22/2008 APPELLANT APPENDIX
6 09/22/2008 Affidavit of Service by Mail of ATB
7 09/22/2008 DISK - atb (e-mailed)
8 10/23/2008 APPELLEE BRIEF View
9 10/23/2008 DISK - AEB
10 12/01/2008 MOTION FOR Continuance of argument by Appellant's counsel
11 12/02/2008 ACTION BY SUPREME COURT (oral argument has been continued to December 22 at 1:00 p.m.) - Granted
12 12/22/2008 APPEARANCES: Michael T. Pitchell, Asst. Attorney General; Thomas M. Tuntland
13 12/22/2008 ARGUED: Pitcher; Tuntland
14 12/22/2008 ORAL ARGUMENT WEBCAST
15 04/02/2009 DISPOSITION
16 04/02/2009 UNANIMOUS OPINION : VandeWalle, Gerald W. View
17 04/02/2009 Costs on Appeal taxed in favor of Appellant
18 04/03/2009 Judgment E-Mailed to Parties
19 04/28/2009 MANDATE
20 05/07/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
21 03/10/2020 EXPUNGED - Nonpermanent record items destroyed