My question involves criminal law for the state of: North Dakota
Procedures are two part for ND DUI: first a civil case from the NDDOT to try and suspend your license followed by a criminal case.
This question is in regards to the civil hearing so if does not belong here please let me know and I will attempt to place it in the appropriate subforum.
The civil case hearing is by phone. My attorney requested a letter referred to as "Notice of participation by telephone" identifying parties to be participating in the hearing by phone. Listed were my attorney, one officer, and myself. This letter was labeled Exhibit 3 in a packet of documentation I received containing several other documents including a copy of the citation, copy of the Intoxilyzer results, drivers license record, notification of the hearing and a few others. The letter also states that hearing participants who wish to appear by telephone or be contacted for the hearing at another number should make arrangements with the hearing officer at least one day prior to the hearing.
My attorney was emailed the day of the hearing that an additional officer would be participating in the hearing. Without this officers testimony the state likely has no case. My attorney acknowledged at the start of the hearing that he received the email the morning of the hearing that the additional officer would be participating. He then objected to the fact that this officer was being allowed to participate based upon Exhibit 3. The hearing officer denied his objection.
Could there be some legal basis that the hearing officer was allowed to ignore a court issued document requested by my attorney regarding participant identification?
Thanks for any insight
Procedures are two part for ND DUI: first a civil case from the NDDOT to try and suspend your license followed by a criminal case.
This question is in regards to the civil hearing so if does not belong here please let me know and I will attempt to place it in the appropriate subforum.
The civil case hearing is by phone. My attorney requested a letter referred to as "Notice of participation by telephone" identifying parties to be participating in the hearing by phone. Listed were my attorney, one officer, and myself. This letter was labeled Exhibit 3 in a packet of documentation I received containing several other documents including a copy of the citation, copy of the Intoxilyzer results, drivers license record, notification of the hearing and a few others. The letter also states that hearing participants who wish to appear by telephone or be contacted for the hearing at another number should make arrangements with the hearing officer at least one day prior to the hearing.
My attorney was emailed the day of the hearing that an additional officer would be participating in the hearing. Without this officers testimony the state likely has no case. My attorney acknowledged at the start of the hearing that he received the email the morning of the hearing that the additional officer would be participating. He then objected to the fact that this officer was being allowed to participate based upon Exhibit 3. The hearing officer denied his objection.
Could there be some legal basis that the hearing officer was allowed to ignore a court issued document requested by my attorney regarding participant identification?
Thanks for any insight
Suspension and Revocation: Last Minute Witness Permitted to Participate in Civil Driver's License Hearing
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