Cudmore v. N.D. Dep't of Transportation
Docket No. 20150282
Oral Argument:
Tuesday, January 19, 2016 10:00am
Docket Info
- Title
- Craig Thomas Cudmore, Appellant
v.
Director of the North Dakota Department of Transportation, Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2015-CV-00138
Northeast Judicial District, Walsh County
M. Richard Geiger
2016 ND 64877 N.W.2d 52
Oral Argument
1/19/2016
Highlight
Before deciding whether to submit to chemical testing, an individual has a qualified statutory right to consult with an attorney.
If a DUI arrestee who has been asked to take a chemical test makes any mention of a need for an attorney, the officer must assume the arrestee is requesting an opportunity to consult with an attorney and must allow a reasonable opportunity for the arrestee to do so.
If an arrestee makes only a passing reference to an attorney rather than mentioning a need for an attorney, an arrestee is not denied his limited statutory right to counsel prior to chemical testing.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/24/2015 | NOTICE OF APPEAL : 09/24/2015 | |
| 2 | 09/28/2015 | RECEIVED FILING FEE | |
| 3 | 09/29/2015 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 09/29/2015 | Notice Served on Jennifer A. Braun & Michael T. Pitcher | |
| 5 | 09/29/2015 | Transcript of Administrative Agency Hearing dated April 21, 2015 | |
| 6 | 10/27/2015 | ELEC. RECORD ON APPEAL DATED OCTOBER 26, 2015 (ENTRY NOS. 1-30) | |
| 7 | 11/03/2015 | AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 3, 2015 (ENTRY NOS.1-33) | |
| 8 | 11/03/2015 | APPELLANT BRIEF (PDF) | View |
| 9 | 11/03/2015 | E-FILED BRIEF (PDF) | |
| 10 | 11/03/2015 | APPELLANT APPENDIX | |
| 11 | 11/03/2015 | E-FILED APPENDIX | |
| 12 | 11/06/2015 | Received 7 copies of the ATB from Central Duplicating | |
| 13 | 11/06/2015 | Received 6 copies of the ATA from Central Duplicating | |
| 14 | 11/09/2015 | Received $25 ATB e-filing surcharge (Receipt #24078) | |
| 15 | 11/30/2015 | APPELLEE BRIEF | View |
| 16 | 11/30/2015 | DISK (AEB) e-mailed | |
| 17 | 12/18/2015 | NOTICE OF ORAL ARGUMENT SENT | |
| 18 | 12/30/2015 | NOTICE OF ORAL ARGUMENT SENT | |
| 19 | 01/19/2016 | Supplemental citation under N.D.R.App.P. 28(k) | |
| 20 | 01/19/2016 | APPEARANCES: Jennifer A. Braun; Michael T. Pitcher | |
| 21 | 01/19/2016 | ARGUED: Jennifer A. Braun; Michael T. Pitcher | |
| 22 | 01/19/2016 | ORAL ARGUMENT WEBCAST | |
| 23 | 03/15/2016 | DISPOSITION | |
| 24 | 03/15/2016 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 25 | 03/15/2016 | Concur in the result : Sandstrom, Dale V. | |
| 26 | 03/15/2016 | Costs on appeal taxed in favor of Appellee | |
| 27 | 03/16/2016 | Judgment Sent to Parties | |
| 28 | 04/18/2016 | MANDATE | |
| 29 | 05/24/2022 | EXPUNGED - Nonpermanent record items destroyed |