Nelson v. NDDOT
- Alexander Brent Nelson, Petitioner and Appellant
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
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.
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.
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|
|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|
|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|