Rist v. ND Dept. of Transportation
v.
North Dakota Department
of Transportation Respondent and Appellant
Judge Robert O. Wefald
| Appellant: | Reid Alan Brady , Att. General Office | |
| Appellee: | Chad C. Nodland, P.C. |
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I. Whether the encounter between Rist and Deputy Messmer was justified.
II. Whether Rist failed to demonstrate grounds supporting remand for additional evidence.
Appellee's Statement of the Issues:
I. Whether probable cause existed for an officer to (a) command a person sleeping in a pick-up in a camping area to wake up, (b) reach into a pick-up in a camping area so that the officer can awaken that person; (c) command a person previously sleeping in his pick-up in a camping area to get out of the vehicle and get his driver's license from his camping gear in the back of his pick-up; and/or (d) arrest the person who is doing nothing more than sleeping in a pick-up - with no key anywhere to be found - in a camping area with or without a blood alcohol level above .10.
II. Whether, under the circumstances, sufficient evidence existed to suspend a driver's license based upon an allegation of "Actual Physical Control" where the record is devoid of even a scintilla of evidence that the vehicle in question was operable.
III. Whether this matter should be remanded on the issue of "operability" where counsel learned for the first time at the DOT hearing that there was no vehicle key anywhere to be found, and there is a substantial material question as to whether the vehicle was operable without a key and only an automotive expert could have meaningfully testified on that issue.
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