Nelson v. NDDOT
Docket Info
- Title
- Alexander Brent Nelson, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2022-CV-00502
Southwest Judicial District, Stark County
Dann Edward Greenwood
Parties' Statement of Issues
-
Appellant
There was no valid request to submit to a screening test in accordance with N.D.C.C. § 39-20-14(3) to support a determination of refusal to
submit to testing under N.D.C.C. § 39-20-14. -
Appellee 1
The Department’s authority to administratively revoke Nelson’s driving privileges for his refusal to submit to an onsite screening test under N.D.C.C. § 39-20-14 is not dependent upon Nelson being advised that his driving privileges could be revoked for a minimum period of 180 days.
Summary
Alexander Nelson appeals from a district court judgment affirming the Department of Transportation hearing officer’s decision revoking his driving privileges for two years.
In June 2022, a law enforcement officer arrested Nelson for the offense of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor. The officer issued Nelson a report and notice, including a temporary operator’s permit, after he refused to submit to a chemical breath test requested by the officer. The report and notice informed Nelson of the Department’s intent to revoke his driving privileges. Nelson requested an administrative hearing. In July 2022, a hearing was held before a Department hearing officer. The hearing officer issued a decision revoking Nelson’s driving privileges for two years. Nelson appealed to the district court, which affirmed the decision.
On appeal, Nelson argues there was no valid request to submit to a screening test in accordance with the relevant statute to support a determination of refusal to submit to testing under the statute.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/09/2022 | NOTICE OF APPEAL : 12/09/2022 | View |
2 | 12/09/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
3 | 12/09/2022 | Notice of Service on Chad R. McCabe & Michael T. Pitcher | |
4 | 01/06/2023 | ELEC. RECORD ON APPEAL DATED JANUARY 5, 2023 (ENTRY NOS. 1-26) | View |
5 | 01/17/2023 | MOT. EXT/TIME APPELLANT BRIEF | |
6 | 01/18/2023 | APPELLANT BRIEF | View |
7 | 01/18/2023 | Oral Argument Request by Appellant | |
8 | 01/19/2023 | NO ACTION TAKEN (BRIEF FILED) | |
9 | 01/19/2023 | Rec'd corrections to ATB (title and pg numbers) | |
10 | 01/20/2023 | Rec'd 3 copies of ATB from CSD | |
11 | 02/17/2023 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 16, 2023 (ENTRY NOS. 27-28) (ITEM NOT SENT: 27-CD) | View |
12 | 02/17/2023 | APPELLEE BRIEF | View |
13 | 02/17/2023 | Oral Argument Request by Appellee | |
14 | 02/21/2023 | Rec'd 4 copies of AEB from CSD | |
15 | 02/23/2023 | NOTICE OF ORAL ARGUMENT SENT | |
16 | 02/23/2023 | AMENDED 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 23, 2023 (ENTRY NOS. 27-29) (ITEM SENT VIA | View |
17 | 02/23/2023 | US MAIL: ITEM 27-CD) | |
18 | 03/13/2023 | APPEARANCES: Chad R. McCabe; Michael T. Pitcher | |
19 | 03/13/2023 | ARGUED: Chad R. McCabe; Michael T. Pitcher | |
20 | 03/13/2023 | ORAL ARGUMENT WEBCAST |