Henderson v. Director, N.D. Dept. of Trans.
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| 20010222 |
Cody Darrell Henderson, Petitioner and Appellee
v.
Director, North Dakota
Department of Transportation, Respondent and Appellant
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| Appeal from: |
District Court,
Southwest Judicial District,
Adams County
Judge Ronald L. Hilden |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
12/2001 Argument: 12/11/2001 02:45pm
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| ND cite: |
2002 ND 44
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| NW cite: |
640 N.W.2d 714
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether Henderson's admission he had drunk alcohol before driving to the lake was properly admitted into evidence.
II. Whether one could reasonably find Henderson had drunk alcohol before driving to the lake.
III. Whether the Intoxilyzer test results were properly admitted into evidence.
Appellee's Statement of the Issues:
I. The hearing officer committed error in finding that Henderson was driving while under the influence based solely upon an alleged admission by Henderson that he was driving after consuming alcoholic beverages, totally excluding all other evidence
that substantially contradicted such a finding and ultimate conclusion.
II The alleged admission should be inadmissible.
III. The Intoxilyzer Test was not fairly administered
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| 1 | | 09/14/2001 | |
NOTICE OF APPEAL: 09/12/2001 |
| 2 | | 09/21/2001 | |
DISK - TRA of Admin Hearing of Jan. 31, 2001 |
| 3 | | 10/10/2001 | |
RECORD ON APPEAL w/separate entry 2 (admin. transcript, exhibits & hearing officer decision) |
| 4 | | 10/16/2001 | |
DISK - Corrected TRA of Admin Hearing of Jan 31, 2001 |
| 5 | | 10/16/2001 | |
APPELLANT BRIEF |
| 6 | | 10/16/2001 | |
APPELLANT APPENDIX |
| 7 | | 10/16/2001 | |
DISK - ATB |
| 8 | | 11/14/2001 | |
APPELLEE BRIEF |
| 9 | | 11/20/2001 | |
Corrected TOA & pages 21& 29 for AEB |
| 10 | | 11/20/2001 | |
DISK - AEB |
| 11 | | 11/27/2001 | |
REPLY BRIEF |
| 12 | | 11/27/2001 | |
DISK - RYB e-mailed |
| 13 | | 12/11/2001 | |
APPEARANCES: Reid A. Brady, Andrew Moraghan; Vince H. Ficek |
| 14 | | 12/11/2001 | |
ARGUED: Brady; Ficek (Vol. X; page 184) |
| 15 | | 12/11/2001 | |
ORAL ARGUMENT WEBCAST |
| 16 | | 03/12/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 17 | | 03/12/2002 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 18 | | 03/12/2002 | |
Costs on appeal taxed in favor of the Dept. of Trans. under Rule 39, N.D.R.App.P. |
| 19 | | 03/13/2002 | |
Order/Judgment Mailed to Parties |
| 20 | | 04/03/2002 | |
MANDATE |
| 21 | | 04/05/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 22 | | 09/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |