Dawson v. North Dakota Department of Transportation
830 N.W.2d 221
| N.D. | 2013Background
- Dawson was arrested for driving under the influence and received a suspension notice stating BAC .184 at 4:45 p.m. and driving at 3:12 p.m.
- At the administrative hearing, the officer testified time of the accident and driving relied on dispatch and witnesses' statements.
- The hearing officer admitted witnesses' statements as present-sense-impression and excited-utterance hearsay exceptions.
- The district court held the witnesses’ time statements were inadmissible and that the time of driving could not be determined from the record.
- The district court nevertheless found the greater weight of the evidence supported driving around 3:15 p.m, within two hours of the test.
- This Court reverses and remands to reinstate Dawson’s driving privileges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of time statements | Dawson argues witnesses' time statements were inadmissible hearsay. | Department argues exceptions apply and time statements are admissible. | Statements are inadmissible and cannot establish driving time. |
| Two-hour window sufficiency | Time of driving cannot be determined from admissible evidence; no proof within two hours of test. | Circumstantial evidence may support driving within two hours of the test. | Greater weight of admissible evidence does not establish driving within two hours; reversal warranted. |
Key Cases Cited
- Dettler v. Sprynczynatyk, 676 N.W.2d 799 (ND 2004) (circumstantial time evidence must be supported by admissible proof)
- Pavek v. Moore, 562 N.W.2d 574 (ND 1997) (time of driving must be proven at administrative hearing)
- Schock v. N.D. Dep’t of Transp., 815 N.W.2d 255 (ND 2012) (prima facie evidence admissible when properly forwarded)
- Knudson v. Dir., N.D. Dep’t of Transp., 530 N.W.2d 313 (ND 1995) (hearsay and admissibility standards in administrative hearings)
- May v. Sprynczynatyk, 695 N.W.2d 196 (ND 2005) (North Dakota evidentiary rules govern administrative hearings)
- Maher v. N.D. Dep’t of Transp., 539 N.W.2d 300 (ND 1995) (time of driving and testing in administrative context)