Olson v. N.D. Dep't of Transportation
Docket No. 20120352
Oral Argument:
Monday, January 14, 2013 9:00am
Docket Info
- Title
- Jay Olson, Petitioner and Appellee
v.
North Dakota Department of
Transportation, Respondent and Appellant - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2012-CV-00003
Northwest Judicial District, McKenzie County
David W. Nelson
2013 ND 104831 N.W.2d 742
Oral Argument
1/14/2013
Highlight
Once the Intoxilyzer test record and checklist is admitted into evidence, the department has established prima facie that the officer followed the approved method and ascertained the twenty-minute wait period.
A defendant may rebut the department's prima facie case of fair administration, but he must do more than raise the mere possibility of error.
Observing a defendant is not the only manner of ascertaining that the driver had nothing to eat, drink, or smoke within the twenty minutes prior to the collection of the breath sample.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/20/2012 | NOTICE OF APPEAL : 09/17/2012 | |
2 | 09/24/2012 | DISK- TRA (Adm. Agencey Hrg dated 01/04/2012) | |
3 | 10/16/2012 | ELEC. RECORD ON APPEAL DATED 10/15/2012 (ENTRY NOS.1-33) | |
4 | 10/29/2012 | APPELLANT BRIEF | View |
5 | 10/29/2012 | APPELLANT APPENDIX | |
6 | 10/29/2012 | DISK of ATB (e-mailed) | |
7 | 11/21/2012 | MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support | |
8 | 11/21/2012 | ACTION BY CLERK - Granted : 12/05/2012 | |
9 | 12/06/2012 | Received non-substantive corrections to brief (para nos on toc and toa) | |
10 | 12/06/2012 | Received courtesy copy of AEB in wd | |
11 | 12/10/2012 | Received $25 surcharge for AEB (Receipt #21613) | |
12 | 12/04/2012 | APPELLEE BRIEF (PDF) | View |
13 | 12/04/2012 | E-FILED BRIEF (PDF) | |
14 | 12/11/2012 | Received 7 copies of AEB from CSD | |
15 | 12/18/2012 | NOTICE OF ORAL ARGUMENT SENT | |
16 | 01/11/2013 | AMENDED NOTICE OF ORAL ARGUMENT SENT | |
17 | 01/14/2013 | APPEARANCES: Michael Pitcher/Jeff Nehring | |
18 | 01/14/2013 | ARGUED: Pitcher/Nehring | |
19 | 01/14/2013 | ORAL ARGUMENT WEBCAST | |
20 | 06/19/2013 | DISPOSITION (AND REINSTATED) | |
21 | 06/19/2013 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
22 | 06/19/2013 | Costs on appeal taxed in favor of the Appellant | |
23 | 06/20/2013 | Judgment Sent to Parties | |
24 | 07/25/2013 | MANDATE | |
25 | 10/24/2021 | EXPUNGED - Nonpermanent record items destroyed |