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Kirkpatrick v. NDDOT

Docket No. 20230085
Oral Argument: Monday, June 26, 2023 10:45 AM

Docket Info

Title
William Gene Kirkpatrick, Petitioner and Appellant
v.
North Dakota Department of Transportation, Respondent and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2022-CV-00066
Southwest Judicial District, Bowman County
Dann Edward Greenwood
Oral Argument 6/26/2023

Parties' Statement of Issues

  • Appellant

    The officer’s failure to forward the alcohol analytical report as required by N.D.C.C. § 39-20-03.1(4) deprived the Department of authority to suspend Kirkpatrick’s driving privileges.

  • Appellee 1

    Following his arrest for DUI, Kirkpatrick submitted to a chemical breath test establishing his blood alcohol concentration was over the legal limit. The arresting officer, as required by N.D.C.C. § 39-20-03.1, issued Kirkpatrick a temporary operator’s permit, and thereafter timely forwarded a report and notice and the results of the chemical breath test to the Department. After the chemical breath testing, the arresting officer participated in obtaining a blood sample for testing based on information acquired that Kirkpatrick had taken medication in conjunction with alcohol. The blood sample was submitted to the crime lab for analysis the same day as the arrest. The crime lab did not test the sample or issue an analytical report to the officer until after the Department had already noticed and scheduled an administrative hearing including providing Kirkpatrick with the hearing issues and the exhibits it intended to introduce at the hearing. Was the Department deprived of authority to suspend driving privileges when the blood test results were not available to be forwarded to the Department at the time Department initiated proceedings to suspend Kirkpatrick’s driving privileges?

Summary

William Kirkpatrick appeals from a district court order entered on March 17, 2022, affirming a decision entered by a hearing officer with the North Dakota Department of Transportation.

The decision by the department found Kirkpatrick was guilty of driving under the influence and suspended his driving privileges for one year.

Kirkpatrick argues the arresting officer’s failure to forward the alcohol analytical report as required by N.D.C.C. § 39-20-03.1(4) deprived the department of authority to suspend Kirkpatrick’s driving privileges.

Briefs

Filing Date Description
04/28/2023 APPELLANT BRIEF View
05/17/2023 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 03/24/2023 NOTICE OF APPEAL : 03/24/2023 View
2 03/24/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
3 03/24/2023 Notice Served on Chad R. McCabe & Michael T. Pitcher
4 04/20/2023 ELEC. RECORD ON APPEAL DATED APRIL 18, 2023 (ENTRY NOS. 1-34) View
5 04/28/2023 APPELLANT BRIEF View
6 04/28/2023 Oral Argument Request by Appellant
7 05/03/2023 Rec'd 4 copies of ATB from CSD
8 05/17/2023 APPELLEE BRIEF View
9 05/18/2023 Oral Argument Request by Appellee
10 05/19/2023 Rec'd 4 copies of AEB from CSD
11 05/30/2023 NOTICE OF ORAL ARGUMENT SENT
12 06/26/2023 APPEARANCES: Chad R. McCabe and Michael T. Pitcher
13 06/26/2023 ARGUED: Chad R. McCabe and Michael T. Pitcher
14 06/26/2023 ORAL ARGUMENT WEBCAST