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

Docket No. 20160192
Oral Argument: Wednesday, October 26, 2016 10:00am

Docket Info

Title
Josue Castillo, Appellee
v.
Grant Levi, Director, North Dakota Department of
Transportation, Appellant
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2015-CV-00367
Northeast Judicial District, Walsh County
M. Richard Geiger
2016 ND 253888 N.W.2d 190
Oral Argument 10/26/2016

Highlight

When statutory language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit.
Although for purposes of the criminal refusal statute a police officer must inform a driver that the driver may remedy a refusal of an onsite screening test by taking a subsequent chemical test, the statute does not require the driver to be informed of this remedy for purposes of administrative revocation of driving privileges for refusing an onsite test.

Briefs

Filing Date Description
07/01/2016 APPELLANT BRIEF View
08/01/2016 APPELLEE BRIEF View
08/15/2016 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLEE PRIVATE PRACTICE Deanna F. Longtin - 06530

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

Seq. # Filing Date Description Attachment
1 05/23/2016 NOTICE OF APPEAL : 05/23/2016
2 05/23/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 05/23/2016 Notice served on Michael T. Pitcher and Deanna F. Longtin
4 05/27/2016 Judgment entered in district court
5 06/01/2016 DISK - Transcript of Administrative Agency Hearing dated October 27, 2015 (e-mailed)
6 06/20/2016 ELEC. RECORD ON APPEAL DATED JUNE 17, 2016 (ENTRY NOS. 1-35)
7 07/01/2016 APPELLANT BRIEF View
8 07/01/2016 APPELLANT APPENDIX
9 07/01/2016 DISK (ATB)(e-mailed)
10 07/05/2016 Rec'd additional c.o.s. for atb
11 08/01/2016 APPELLEE BRIEF View
12 08/01/2016 E-FILED BRIEF
13 08/03/2016 Received 7 copies of AEB from CSD
14 08/10/2016 Received $25 e-filing surcharge for AEB (Receipt #24571)
15 08/15/2016 REPLY BRIEF View
16 08/15/2016 DISK (RYB)(e-mailed)
17 09/08/2016 NOTICE OF ORAL ARGUMENT SENT
18 10/26/2016 APPEARANCES: Michael T. Pitcher; Deanna F. Longtin
19 10/26/2016 ARGUED: Michael T. Pitcher; Deanna F. Longtin
20 10/26/2016 ORAL ARGUMENT WEBCAST
21 12/20/2016 DISPOSITION (REINSTATED)
22 12/20/2016 UNANIMOUS OPINION : Sandstrom, Dale V. View
23 12/20/2016 Costs on appeal taxed in favor of Appellant
24 12/20/2016 Judgment Sent to Parties
25 01/17/2017 MANDATE
26 11/01/2022 EXPUNGED - Nonpermanent record items destroyed