Maisey v. N.D. Department of Transportation
- Jacob Daniel Maisey, Petitioner and Appellant
North Dakota Department
of Transportation, Respondent and Appellee
- Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
Case No. 09-C-00775
South Central Judicial District, Burleigh County
Robert O. Wefald
Checking boxes on the bottom of the report and notice form, without providing a more detailed written explanation, can be sufficient to show probable cause to believe a driver was driving under the influence of alcohol.
A driver is afforded a reasonable opportunity to consult with a lawyer when an officer gave him the lawyer's home telephone number and the driver called the lawyer and left a message.
When a driver creates ambiguity regarding whether he or she will submit to chemical testing, the driver cannot complain about any reasonable interpretation of the driver's words and actions by the officer.
To cure a prior refusal to submit to chemical testing, a driver must make a clearly articulated reconsideration.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/01/2009||NOTICE OF APPEAL : 06/29/2009|
|2||07/01/2009||DISK - Transcript of administrative hearing 04-02-09|
|3||07/27/2009||RECORD ON APPEAL & TRANSCRIPT OF ADM. HRG. (ENTRY NO. 4).|
|4||08/10/2009||APPELLANT BRIEF (e-filed)||View|
|5||08/10/2009||E-FILED BRIEF (ATB)|
|6||08/10/2009||APPELLANT APPENDIX (e-filed)|
|7||08/10/2009||E-FILED APPENDIX (ATA)|
|8||08/11/2009||Received $25 surcharge for ATB (Receipt #18956)|
|9||08/12/2009||Received 7 copies of ATB from Central Duplicating.|
|10||08/12/2009||Received 6 copies of ATA from Central Duplicating.|
|12||08/24/2009||Addendum to Appellee's Brief|
|13||08/24/2009||DISK - aeb (e-mailed)|
|15||09/08/2009||E-FILED BRIEF - RYB|
|16||09/10/2009||Received 7 copies of RYB from Central Duplicating.|
|17||09/14/2009||NOTICE OF ORAL ARGUMENT MAILED|
|18||10/06/2009||APPEARANCES: Dan L. Herbel/Andrew Moraghan, Asst. Attorney General|
|20||10/06/2009||ORAL ARGUMENT WEBCAST|
|22||11/17/2009||UNANIMOUS OPINION : VandeWalle, Gerald W.||View|
|23||11/17/2009||Costs on Appeal taxed in favor of appellee|
|24||11/19/2000||Judgment E-Mailed to Parties|
|26||12/15/2009||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|