Matter of Emelia Hirsch Trust
2013 ND 63
| N.D. | 2013Background
- Dawson was arrested for driving under the influence and a 4:45 p.m. BAC of .184% was reported after a 3:12 p.m. driving event.
- An administrative hearing was held after a Report and Notice to suspend Dawson’s driving privileges.
- Witness statements about the time of the accident were admitted at the hearing over hearsay objections.
- The hearing officer found Dawson was driving or in control within two hours of a chemical test based on the accident time.
- The district court reversed on the hearsay ruling but affirmed the finding that the test occurred within two hours of driving.
- The Supreme Court reverses, holding the time-of-driving evidence cannot be established from inadmissible hearsay and the record fails to show two-hour proximity; case remanded for reinstatement of privileges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hearsay time statements were admissible | Dawson | Department | Hearsay inadmissible; cannot prove time of driving |
| Whether the time of driving was established within two hours of the test | Dawson’s driving within two hours was supported by witnesses and report | Department | Time of driving not proven; proximity not shown |
| Whether the administrative finding complied with statutory criteria | Dawson | Department | Findings not supported by a preponderance due to admissibility issue |
| Application of standard of review for agency decisions | Dawson | Department | Reasoning must be supported by the weight of admissible evidence |
Key Cases Cited
- Dettler v. Sprynczynatyk, 2004 ND 54 (ND) (circumstantial evidence must support time of driving within two hours)
- Pavek v. Moore, 1997 ND 77 (ND) (report and notice can establish time of driving; time may be questioned at hearing)
- Knudson v. Director, N.D. Dep’t of Transp., 530 N.W.2d 313 (ND) (hearsay admissibility and administrative discretion standards)
- May v. Sprynczynatyk, 2005 ND 76 (ND) (North Dakota Rules of Evidence govern agency hearings; deference to hearing officer)
- Schock v. N.D. Dep’t of Transp., 2012 ND 77 (ND) (prima facie admissibility of form documents paired with testimony)
- Thorsrud v. Director, N.D. Dep’t of Transp., 2012 ND 136 (ND) (standard of review for administrative agency orders)