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Maisey v. N.D. Department of Transportation

Docket No. 20090194
Oral Argument: Tuesday, October 6, 2009 2:45pm

Docket Info

Title
Jacob Daniel Maisey, Petitioner and Appellant
v.
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
2009 ND 191775 N.W.2d 200
Oral Argument 10/6/2009

Highlight

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.


Briefs

Filing Date Description
08/10/2009 APPELLANT BRIEF (e-filed) View
08/24/2009 APPELLEE BRIEF View
09/08/2009 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Andrew Moraghan - 04305
APPELLANT PRIVATE PRACTICE Danny Lee Herbel - 05769

(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.
11 08/24/2009 APPELLEE BRIEF View
12 08/24/2009 Addendum to Appellee's Brief
13 08/24/2009 DISK - aeb (e-mailed)
14 09/08/2009 REPLY BRIEF View
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
19 10/06/2009 ARGUED: Herbel/Moraghan
20 10/06/2009 ORAL ARGUMENT WEBCAST
21 11/17/2009 DISPOSITION
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
25 12/11/2009 MANDATE
26 12/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE