Steinmeyer v. Department of Transportation
Docket No. 20090096
Oral Argument:
Monday, June 15, 2009 2:45pm
Docket Info
- Title
- Chance Steinmeyer, Petitioner and Appellee
v.
Department of Transportation, Respondent and Appellant - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 08-C-00752
Southwest Judicial District, Stark County
William A. Herauf
2009 ND 126768 N.W.2d 491
Oral Argument
6/15/2009
Highlight
Fair administration of an Intoxilyzer test may be established by proof that the method approved by the State Toxicologist for conducting the test has been scrupulously followed. However, 'scrupulous' compliance does not mean 'hypertechnical' compliance.
"Observing" an Intoxilyzer test subject is not the only manner of "ascertaining" that the subject had nothing to eat, drink, or smoke within the twenty minutes prior to the collection of the breath sample as required by the approved method.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/13/2009 | NOTICE OF APPEAL : 03/06/2009 | |
2 | 03/17/2009 | DISK - tra of Administrative Hearing(10/28/08) (e-mailed) | |
3 | 04/02/2009 | APPELLANT BRIEF | View |
4 | 04/02/2009 | APPELLANT APPENDIX | |
5 | 04/02/2009 | DISK of ATB (e-mailed) | |
6 | 04/03/2009 | RECORD ON APPEAL | |
7 | 05/01/2009 | MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (faxed) | |
8 | 05/01/2009 | E-FILED MOTION (Mot/Ext/AEB) (Faxed) | |
9 | 05/01/2009 | ACTION BY CLERK (MAE) - Granted : 05/22/2009 | |
10 | 05/22/2009 | APPELLEE BRIEF | View |
11 | 05/22/2009 | E-FILED BRIEF - AEB | |
12 | 06/01/2009 | Received $25 surcharge for AEB (Receipt 18867) | |
13 | 06/03/2009 | Received 7 copies of AEB from Central Duplicating, | |
14 | 06/15/2009 | APPEARANCES: Andrew Moraghan, Asst. Attorney General/Ashley Holmes | |
15 | 06/15/2009 | ARGUED: Moraghan/Holmes | |
16 | 06/15/2009 | ORAL ARGUMENT WEBCAST | |
17 | 07/09/2009 | DISPOSITION | |
18 | 07/09/2009 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
19 | 07/09/2009 | Costs on appeal taxed in favor of appellant | |
20 | 07/10/2009 | Judgment e-mailed to Parties | |
21 | 07/31/2009 | MANDATE | |
22 | 08/04/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
23 | 02/01/2021 | EXPUNGED - Nonpermanent record items destroyed |