Christiansen v. NDDOT
Docket Info
- Title
- Kendra M. Christiansen, Appellant
v.
William T. Panos, Director,
Department of Transportation, Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2021-CV-01432
East Central Judicial District, Cass County
Wade L. Webb
Highlight
The Administrative Agencies Practice Act governs this Court’s review of the Department of Transportation’s decision to suspend a driver’s license.
Chapter 1-02, N.D.C.C., contains the traditional rules of statutory construction and interpretation.
Section 39-20-03.1, N.D.C.C., provides procedures law enforcement must follow after a person has tested over the legal limit for driving under the influence.
Section 39-20-04.1, N.D.C.C., provides the Department of Transportation’s authority to sanction a driver who has tested over the legal limit for driving under the influence.
Section 39-20-04.1(1), N.D.C.C., does not mention the timing of law enforcement forwarding the report, so the five-day directive to law enforcement in N.D.C.C. 39-20-03.1(4) does not affect the Department’s authority to suspend driving privileges.
When no remedy is provided by statute for a statutory violation, this Court looks at whether the victim of the violation was prejudiced.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/02/2021 | NOTICE OF APPEAL : 08/02/2021 | |
2 | 08/04/2021 | Rec'd $125 Filing Fee | |
3 | 08/05/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/05/2021 | Notice served on Mark A. Friese, Danny L. Herbel & Michael T. Pitcher | |
5 | 08/05/2021 | ADMINISTRATIVE HEARING TRANSCRIPT DATED APRIL 26, 2021 | |
6 | 09/02/2021 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 1, 2021 (ENTRY NOS.1-25 AND 27-55) REC'D VIA | |
7 | 09/02/2021 | U.S. MAIL ENTRY NO. 26 (EXHIBIT 17 - DVD) | |
8 | 09/08/2021 | APPELLANT BRIEF | View |
9 | 09/08/2021 | Oral Argument Request by Appellant | |
10 | 09/08/2021 | APPELLANT APPENDIX | |
11 | 09/09/2021 | Rec'd correction to ATA (notice of appeal & specification of error) & proof of service | |
12 | 09/13/2021 | Rec'd copies of ATB & ATA from Central Duplicating | |
13 | 10/07/2021 | APPELLEE BRIEF | View |
14 | 10/07/2021 | Oral Argument Request by Appellee | |
15 | 10/11/2021 | Rec'd copies of AEB from Central Duplicating | |
16 | 10/19/2021 | NOTICE OF ORAL ARGUMENT SENT | |
17 | 11/30/2021 | APPEARANCES: Mark A. Friese/Michael T. Pitcher | |
18 | 11/30/2021 | ARGUED: Mark A. Friese/Michael T. Pitcher | |
19 | 11/30/2021 | ORAL ARGUMENT WEBCAST | |
20 | 01/27/2022 | DISPOSITION | |
21 | 01/27/2022 | UNANIMOUS OPINION : Crothers, Daniel John | View |
22 | 01/27/2022 | Judgment | View |
23 | 01/27/2022 | Costs taxed in favor of Appellee | |
24 | 02/07/2022 | PETITION FOR REHEARING | View |
25 | 02/07/2022 | Rec'd non-substantive corrections to PER (Page numbering) | |
26 | 02/09/2022 | Rec'd copies of PER from Central Duplicating | |
27 | 02/17/2022 | ACTION BY SUPREME COURT - Denied | View |
28 | 02/28/2022 | MANDATE | |
29 | 03/04/2022 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |