Gillmore v. Levi
Docket No. 20150321
Oral Argument:
Thursday, February 25, 2016 9:30am
Docket Info
- Title
- Andrew John Gillmore, Petitioner and Appellant
v.
Grant Levi, Director of the North
Dakota Department of Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2015-CV-00367
Southwest Judicial District, Stark County
William A. Herauf
2016 ND 77877 N.W.2d 801
Oral Argument
2/25/2016
Highlight
Whether a driver has voluntarily consented to field sobriety testing is not an issue for consideration in an administrative proceeding to suspend driving privileges.
The department of transportation's report and notice form is admissible as prima facie evidence of its contents once it is forwarded to the director of the department.
If a party seeks to prove an issue that is beyond the knowledge of the factfinder, that party must present expert testimony.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/06/2015 | NOTICE OF APPEAL : 11/06/2015 | |
| 2 | 11/12/2015 | Rec'd $125 filing fee | |
| 3 | 11/12/2015 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 11/12/2015 | Notice served on Thomas F. Murtha IV and Michael T. Pitcher | |
| 5 | 11/13/2015 | DISK-ADMINISTRATIVE TRANSCRIPT DATED MARCH 10, 2015 (E-MAILED) | |
| 6 | 12/01/2015 | ELEC. RECORD ON APPEAL DATED DECEMBER 1, 2015 (ENTRY NOS.1-17 to 19-41)ITEMS NOT SENT #18 | |
| 7 | 12/16/2015 | APPELLANT BRIEF | View |
| 8 | 12/16/2015 | E-FILED BRIEF | |
| 9 | 12/17/2015 | APPELLANT APPENDIX | |
| 10 | 12/17/2015 | E-FILED APPENDIX | |
| 11 | 12/18/2015 | Rec'd 7 copies of ATB and 6 copies of ATA from Central Duplicating | |
| 12 | 01/04/2016 | Rec'd $25 e-filing surcharge for ATB (receipt #24166) | |
| 13 | 01/15/2016 | APPELLEE BRIEF | View |
| 14 | 01/15/2016 | DISK(AEB) (E-MAILED) | |
| 15 | 01/20/2016 | NOTICE OF ORAL ARGUMENT SENT | |
| 16 | 02/01/2016 | REPLY BRIEF (PDF) | View |
| 17 | 02/01/2016 | E-FILED BRIEF | |
| 18 | 02/02/2016 | Received 7 copies of RYB from CSD | |
| 19 | 02/24/2016 | APPEARANCES: Thomas F. Murtha IV; Michael T. Pitcher | |
| 20 | 02/25/2016 | ARGUED: Thomas F. Murtha IV; Michael T. Pitcher | |
| 21 | 02/25/2016 | ORAL ARGUMENT WEBCAST | |
| 22 | 04/12/2016 | DISPOSITION | |
| 23 | 04/12/2016 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 24 | 04/12/2016 | I concur in the result : McEvers, Lisa K. Fair | |
| 25 | 04/12/2016 | Costs on appeal taxed in favor of Appellee | |
| 26 | 04/13/2016 | Judgment Sent to Parties | |
| 27 | 05/05/2016 | MANDATE | |
| 28 | 05/27/2022 | EXPUNGED - Nonpermanent record items destroyed |