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Hanson v. NDDOT

Docket No. 20220071
Oral Argument: Thursday, June 23, 2022 2:45 PM

Docket Info

Title
McKayla Hanson, Appellee
v.
Director, North Dakota Department of Transportation, Appellant
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2021-CV-01326
South Central Judicial District, Burleigh County
David E. Reich
Oral Argument 6/23/2022

Parties' Statement of Issues

  • Appellant

    Whether the District Court erred in granting Hanson’s appeal and reversing the hearing officer’s decision when it determined the evidence did not show that the Intoxilyzer instrument used to conduct Hanson’s chemical breath test was installed by a field inspector prior to use as required by the approved method.

  • Appellee 1

    1. Whether the Department’s findings of fact were not supported by a preponderance of the evidence?
    2. Whether the Department’s conclusions of law were not supported by the findings of fact?


Summary

The North Dakota Department of Transportation appeals from a district court judgment reversing a Department hearing officer’s decision to suspend McKayla Hanson’s driving privileges.

Hanson was arrested for driving under the influence of intoxicating liquor. After she was issued a report and notice, informing her that the Department intended to suspend her driving privileges, Hanson requested an administrative hearing. The hearing officer found that a field inspector installed the Intoxilyzer device used to obtain the chemical breath test results in this matter and that he fairly administered the test in accordance with the approved method. The hearing officer issued a decision suspending Hanson’s driving privileges for 91 days. Hanson appealed the decision to the district court. The court reversed the hearing officer’s decision and concluded that the hearing officer misapplied the law and abused her discretion in admitting the breath test results into evidence.

On appeal, the Department argues the district court erred in reversing the hearing officer’s decision when it determined the evidence did not show that the Intoxilyzer instrument used to conduct Hanson’s chemical breath test was installed by a field inspector prior to use.


Briefs

Filing Date Description
04/06/2022 APPELLANT BRIEF View
05/03/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Lloyd Clayton Suhr - 05405
APPELLANT ATT. GENERAL OFFICE Michael Trent Pitcher - 06369

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

Seq. # Filing Date Description Attachment
1 03/02/2022 NOTICE OF APPEAL : 03/02/2022
2 03/02/2022 No filing fee required pursuant to N.D.C.C. § 28-32-49
3 03/02/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/02/2022 Notice Served on Michael T. Pitcher and Lloyd C. Suhr
5 03/08/2022 Judgment entered in district court
6 03/29/2022 ELEC. RECORD ON APPEAL DATED MARCH 28, 2022 (ENTRY NOS.1-43)
7 04/06/2022 APPELLANT BRIEF View
8 04/06/2022 Rec'd 3 copies of ATB back from CD
9 05/03/2022 APPELLEE BRIEF View
10 05/03/2022 Oral Argument Request by Appellee
11 05/04/2022 Rec'd 3 copies of AEB back from CD
12 05/24/2022 NOTICE OF ORAL ARGUMENT SENT
13 05/25/2022 Intent to Particpate in Oral Argument by Appellant
14 06/23/2022 APPEARANCES: Michael T. Pitcher/Lloyd C. Suhr
15 06/23/2022 ARGUED: Michael T. Pitcher/Lloyd C. Suhr
16 06/23/2022 ORAL ARGUMENT WEBCAST