Mees v. N.D. Dep't of Transportation
Docket No. 20120348
Oral Argument:
Monday, January 14, 2013 1:30pm
Docket Info
- Title
- Timothy Allen Mees, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant - Case Type
- CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
- Appeal From
-
Case No. 2012-CV-00401
South Central Judicial District, Burleigh County
Gail Hagerty
2013 ND 36827 N.W.2d 345
Oral Argument
1/14/2013
Highlight
The Intoxilyzer test record and checklist is presumed to show fair administration of the approved method until the defendant shows that the evidence as a whole clearly negates the presumed fact.
If a fact-finder can draw reasonable inferences from the evidence and conclude the subject could not have eaten, drank, or smoked, the 20-minute wait requirement has been met.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/17/2012 | NOTICE OF APPEAL : 09/17/2012 | |
2 | 09/18/2012 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
3 | 09/18/2012 | DISK - tra (Adm. Agency Hrg dated 2-24-12) | |
4 | 10/15/2012 | ELEC. RECORD ON APPEAL DATED 10/12/12 (ENTRY NOS.1-23) | |
5 | 10/29/2012 | APPELLANT BRIEF | View |
6 | 10/29/2012 | APPELLANT APPENDIX | |
7 | 10/29/2012 | DISK - atb (e-mailed) | |
8 | 12/03/2012 | Received $25 surcharge for e-filed aeb (Receipt #21605) | |
9 | 12/03/2012 | APPELLEE BRIEF | View |
10 | 12/03/2012 | E-FILED BRIEF | |
11 | 12/04/2012 | Received non-substantive changes to aeb | |
12 | 12/04/2012 | Received 7 copies of AEB from CSD | |
13 | 12/18/2012 | NOTICE OF ORAL ARGUMENT SENT | |
14 | 12/19/2012 | SITTING WITH THE COURT : Lee, Gary H. | |
15 | 01/14/2013 | APPEARANCES: Michael Pitcher/Tyrone Turner | |
16 | 01/14/2013 | ARGUED: Pitcher/Turner | |
17 | 01/14/2013 | ORAL ARGUMENT WEBCAST | |
18 | 02/28/2013 | DISPOSITION | |
19 | 02/28/2013 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
20 | 02/28/2013 | Costs on Appeal taxed in favor of appellant | |
21 | 03/01/2013 | Judgment Sent to Parties | |
22 | 03/27/2013 | MANDATE | |
23 | 10/17/2021 | EXPUNGED - Nonpermanent record items destroyed |