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Beck v. NDDOT

Docket No. 20210312
Oral Argument: Waived

Docket Info

Title
Bruce Van Arnold Beck, Appellee
v.
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
2022 ND 66972 N.W.2d 98

Highlight

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.

Briefs

Filing Date Description
12/15/2021 APPELLANT BRIEF View
01/13/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLEE PRIVATE PRACTICE Michael Ray Hoffman - 04366

(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)
6 12/15/2021 APPELLANT BRIEF View
7 12/15/2021 APPELLANT APPENDIX
8 12/29/2021 Rec'd 3 copies of ATB & 2 copies of ATA from CSD
9 01/13/2022 APPELLEE BRIEF View
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)
14 03/31/2022 DISPOSITION
15 03/31/2022 UNANIMOUS OPINION : Jensen, Jon J. View
16 03/31/2022 Concur in the result : Crothers, Daniel John
17 03/31/2022 Judgment View
18 03/31/2022 Costs taxed in favor of Appellee
19 04/22/2022 MANDATE
20 05/27/2022 Corrected/Substitute Opinion Page (pg 5, para 13, line 6 space added between para symbol & no. 11)