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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.


Briefs

Filing Date Description
11/03/2015 APPELLANT BRIEF (PDF) View
11/30/2015 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jennifer Anne Braun - 06875
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369

(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