Kirkpatrick v. NDDOT
- William Gene Kirkpatrick, Petitioner and Appellant
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
Parties' Statement of Issues
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.
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?
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.
(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|
|6||04/28/2023||Oral Argument Request by Appellant|
|7||05/03/2023||Rec'd 4 copies of ATB from CSD|
|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|