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.
(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 |