Suelzle v. NDDOT
Docket No. 20190343
Oral Argument:
Waived
Docket Info
- Title
- Benjamin Dean Suelzle, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2019-CV-00210
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2020 ND 206949 N.W.2d 862
Highlight
A person may be arrested for actual physical control of a vehicle while under the influence of alcohol if the vehicle is located on private property in a private area to which the public has a right of access.
Whether property is a private area to which the public has a right of access is a question of fact, which may be determined by factors including: the existence or absence of signs, gates, or barriers; whether or not there is routine use by the public not specifically invited to use the property, such as for purposes of visiting, making deliveries, or otherwise interacting with the owner; and the location of the vehicle on the property.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/08/2019 | NOTICE OF APPEAL : 11/08/2019 | |
| 2 | 11/08/2019 | ORDER FOR TRANSCRIPT : 11/22/2019 | |
| 3 | 11/21/2019 | Received $125 filing fee | |
| 4 | 11/22/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 11/22/2019 | Notice served on Philip Becher & Michael T. Pitcher | |
| 6 | 11/22/2019 | ADMINISTRATIVE HEARING TRANSCRIPT DATED MAY 6, 2019 (E-MAILED) | |
| 7 | 12/10/2019 | AMENDED NOTICE OF APPEAL | |
| 8 | 12/11/2019 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERVICE | |
| 9 | 12/11/2019 | Notice served on Phillip Becher and Michael T. Pitcher | |
| 10 | 12/23/2019 | ELEC. RECORD ON APPEAL DATED DECEMBER 20, 2019 (ENTRY NOS. 1-30, 32-58)(NOT SENT: 31) | |
| 11 | 01/13/2020 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 10, 2019 | |
| 12 | 01/13/2020 | C.O.S for TRA dated 9-10-19 | |
| 13 | 01/14/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 8, 2020 (ENTRY NOS. 59)(Rec'd by U.S. Mail - | |
| 14 | 01/14/2020 | Docket Entry 31 - flash drive) | |
| 15 | 02/20/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 16 | 02/21/2020 | ACTION BY CLERK - Granted : 03/09/2020 | |
| 17 | 03/09/2020 | APPELLANT BRIEF | View |
| 18 | 03/09/2020 | APPELLANT APPENDIX | |
| 19 | 03/16/2020 | Rec'd non-substantive corrections to ATB | |
| 20 | 03/18/2020 | Rec'd 6 copies of ATB & ATA from CSD | |
| 21 | 04/08/2020 | APPELLEE BRIEF | View |
| 22 | 04/09/2020 | Rec'd 5 copies of AEB from CSD | |
| 23 | 04/15/2020 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 24 | 04/22/2020 | REPLY BRIEF | View |
| 25 | 04/23/2020 | Rec'd non-substantive corrections to RYB (page numbering) | |
| 26 | 04/23/2020 | Rec'd 5 copies of RYB from CSD | |
| 27 | 05/07/2020 | APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c) | |
| 28 | 05/07/2020 | ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c) | |
| 29 | 05/07/2020 | ORAL ARGUMENT WEBCAST | |
| 30 | 10/21/2020 | DISPOSITION | |
| 31 | 10/21/2020 | SPLIT OPINION : Tufte, Jerod E. | View |
| 32 | 10/21/2020 | DISSENTING : VandeWalle, Gerald W. | |
| 33 | 10/21/2020 | JOIN IN THE DISSENT : McEvers, Lisa K. Fair | |
| 34 | 10/21/2020 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT | |
| 35 | 10/27/2020 | Judgment Sent to Parties | |
| 36 | 11/13/2020 | MANDATE | |
| 37 | 11/16/2020 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |