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Nelson v. NDDOT

Docket No. 20220355
Oral Argument: Monday, March 13, 2023 2:45 PM

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
Oral Argument 3/13/2023

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.

Briefs

Filing Date Description
01/18/2023 APPELLANT BRIEF View
02/17/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Chad Rory McCabe - 05474
APPELLEE 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 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