Beck v. NDDOT
- Bruce Van Arnold Beck, Appellee
Director, North Dakota Department of Transportation, Appellant
- Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
Case No. 2021-CV-00491
South Central Judicial District, Morton County
Bruce A. Romanick
Section 39-08-01(1)(a), N.D.C.C., provides that a person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if that person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.
At an administrative hearing, a report and notice form is prima facie evidence of its contents, including the time of driving. The time of driving may be placed into question at the administrative hearing, such as by cross-examining the testifying officer at the hearing.
While reasonable inferences can be drawn from the evidence at an administrative hearing, a reasoning mind must be able to reasonably find the Department met its burden of proving the chemical test was administered within two hours of the time of the driving.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/08/2021||NOTICE OF APPEAL : 11/08/2021|
|2||11/08/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||11/08/2021||Notice served on Michael T. Pitcher & Michael R. Hoffman|
|4||11/12/2021||DISK - Transcript of Administrative Agency Hearing dated April 30, 2021 (e-mailed)|
|5||12/06/2021||ELEC. RECORD ON APPEAL DATED DECEMBER 3, 2021 (ENTRY NOS. 1-36)|
|8||12/29/2021||Rec'd 3 copies of ATB & 2 copies of ATA from CSD|
|10||01/14/2022||Rec'd 3 copies of AEB from CSD|
|11||01/18/2022||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|12||02/10/2022||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)|
|13||02/10/2022||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)|
|15||03/31/2022||UNANIMOUS OPINION : Jensen, Jon J.||View|
|16||03/31/2022||Concur in the result : Crothers, Daniel John|
|18||03/31/2022||Costs taxed in favor of Appellee|
|20||05/27/2022||Corrected/Substitute Opinion Page (pg 5, para 13, line 6 space added between para symbol & no. 11)|