Legal Opinion

Baesler v. North Dakota Department of Transportation

North Dakota Supreme Court

Decided February 17, 2012No. 20110202PublishedCited by 4 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Wade Baesler appeals from a district court judgment affirming a Department of Transportation order suspending his driving privileges for 180 days. Because the Department failed to transmit a record compiled in the administrative proceedings, there is no evidence to support the Department’s exercise of jurisdiction to suspend Baesler’s license. We reverse.

I

[¶ 2] According to the Department’s hearing officer’s decision, on December 24, 2010, the Hettinger County Sheriffs Office issued Baesler a temporary operator’s permit based on an alcohol-related traffic offense that…

2Cases cited18 opinions

  1. Peterson v. ZerrNorth Dakota Supreme Court · 1989
  2. Schwind v. Director, North Dakota Department of TransportationNorth Dakota Supreme Court · 1990
  3. Medical Arts Clinic, P.C. v. Franciscan Initiatives, Inc.North Dakota Supreme Court · 1995
  4. May v. SprynczynatykNorth Dakota Supreme Court · 2005
  5. Hartleib v. SimesNorth Dakota Supreme Court · 2009

13 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Schlittenhart v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2015
  2. Schlittenhart v. N.D. Dep't of TransportationNorth Dakota Supreme Court · 2015
  3. Bayles v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2015
  4. State v. MarsetteNorth Dakota Supreme Court · 2012

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