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Pokrzywinski v. N.D. Dep't of Transportation

Docket No. 20140043
Oral Argument: Monday, June 9, 2014 9:30am

Docket Info

Title
Derek Pokrzywinski, Appellant
v.
Director, North Dakota
Department of Transportation, Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2013-CV-00218
Northeast Judicial District, Walsh County
M. Richard Geiger
2014 ND 131847 N.W.2d 776
Oral Argument 6/9/2014

Highlight

A report and notice form that includes the driver crashed, an odor of alcoholic beverage was detected, and the driver admitted consuming alcohol may be sufficient to support an officer's reasonable grounds to believe a driver operated a motor vehicle while under the influence of intoxicating liquor.
Under the implied consent law, whether a driver was incapable of refusal is a question of fact.

Briefs

Filing Date Description
03/31/2014 APPELLANT BRIEF View
05/01/2014 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLANT PRIVATE PRACTICE Robert J. Woods - 04545

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/06/2014 NOTICE OF APPEAL : 02/06/2014
2 02/07/2014 DISK-Transcript of Administrative Agency Hearing dated July 9, 2013 (e-mailed)
3 03/04/2014 ELEC. RECORD ON APPEAL DATED MARCH 3, 2014 (ENTRY NOS.1-26 & 29-42) Items not sent:none
4 03/17/2014 MOT. EXT/TIME APPELLANT BRIEF
5 03/17/2014 E-FILED MOTION
6 03/17/2014 ACTION BY CLERK (subject to receipt of Affidavit) - Granted : 04/01/2014
7 03/18/2014 Affidavit of Counsel in Support of Motion for Extension of Time
8 03/31/2014 APPELLANT BRIEF View
9 03/31/2014 APPELLANT APPENDIX
10 03/31/2014 DISK - ATB
11 04/14/2014 received 8 copies of page 3 to be inserted into Appellant's Appendix
12 05/01/2014 APPELLEE BRIEF View
13 05/01/2014 DISK - AEB (e-mailed)
14 05/19/2014 NOTICE OF ORAL ARGUMENT SENT
15 06/09/2014 APPEARANCES: Robert Woods/Michael Pitcher
16 06/09/2014 ARGUED: Woods/Pitcher
17 06/09/2014 ORAL ARGUMENT WEBCAST
18 06/24/2014 DISPOSITION
19 06/24/2014 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
20 06/24/2014 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
21 06/25/2014 Judgment Sent to Parties
22 07/28/2014 MANDATE
23 04/27/2022 EXPUNGED - Nonpermanent record items destroyed