Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
23 North Dakota opinions name it 2 courts 1986–2018 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. O'Connorgreen2 sentences2018Schoon , 2018 ND 210 , ¶¶ 11, 13-17, 917 N.W.2d 199 . [¶ 13] "The Legislature has directed that a specific warning be provided to an arrested defendant before the results of a chemical test can be admitted in a criminal or administrative proceeding." State v. O'Connor , 2016 ND 72 , ¶ 13, 877 N.W.2d 312 . 2018Schoon , 2018 ND 210 , ¶¶ 11, 13-17, 917 N.W.2d 199 . [¶ 13] "The Legislature has directed that a specific warning be provided to an arrested defendant before the results of a chemical test can be admitted in a criminal or administrative proceeding." State v. O'Connor , 2016 ND 72 , ¶ 13, 877 N.W.2d 312 . | 3 | 7 |
Salter v. Hjellegreen2 sentences1993See Frost v. North Dakota Dept. of Transp., 487 N.W.2d 6, 8 (N.D.1992); Salter v. Hjelle, 415 N.W.2d 801, 805 (N.D.1987). 1993Because a blood test accompanied by a signed report by the State Toxicologist attesting to following proper testing procedures is prima facie evidence of the results of a chemical analysis, Salter v. Hjelle, 415 N.W.2d 801 (N.D.1987), State v. Hanson, 345 N.W.2d 845 (N.D.1984), we assume, absent any evidence by Broeckel to the contrary, that if a passage of time would promote blood fermentation, the State Toxicologist would have issued a memorandum warning of such a possibility and suggested a method of correcting it. | 2 | 3 |
Aamodt v. North Dakota Department of Transportationgreen2 sentences2012Department of Transportation, 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt, 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore, 517 N.W.2d 412, 413 (N.D.1994) (officer’s failure to submit the results of all th 2012Department of Transportation, 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt, 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore, 517 N.W.2d 412, 413 (N.D.1994) (officer’s failure to submit the results of all th | 2 | 2 |
State v. Whitneygreen2 sentences2012Section 39-08-01(1)0)), N.D.C.C, provides a person can be convicted of driving under the influence of intoxicating liquor regardless of the driver’s blood alcohol level if the State proves the person drove a motor vehicle on a public way lacking “the clearness of intellect and control of himself that he would otherwise have.” State v. Knowels, 2003 ND 180, ¶ 8 , 671 N.W.2d 816 (quoting State v. Whitney, 377 N.W.2d 132, 133 (N.D.1985)). 2012Section 39-08-01(1)(b), N.D.C.C., provides a person can be convicted of driving under the influence of intoxicating liquor regardless of the driver’s blood alcohol level if the State proves the person drove a motor vehicle on a public way lacking “the clearness of intellect and control of himself that he would otherwise have.” State v. Knowels , 2003 ND 180, ¶ 8 , 671 N.W.2d 816 (quoting State v. Whitney , 377 N.W.2d 132, 133 (N.D. 1985)). | 2 | 2 |
Bosch v. Mooregreen2 sentences2012Department of Transportation, 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt, 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore, 517 N.W.2d 412, 413 (N.D.1994) (officer’s failure to submit the results of all th 2012Department of Transportation , 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt , 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore , 517 N.W.2d 412, 413 (N.D. 1994) (officer’s failure to submit the results of al | 2 | 2 |
Schoon v. N.D. Dep't of Transportationgreen2 sentences2018Schoon , 2018 ND 210 , ¶¶ 11, 13-17, 917 N.W.2d 199 . [¶ 13] "The Legislature has directed that a specific warning be provided to an arrested defendant before the results of a chemical test can be admitted in a criminal or administrative proceeding." State v. O'Connor , 2016 ND 72 , ¶ 13, 877 N.W.2d 312 . 2018Schoon , 2018 ND 210 , ¶¶ 11, 13-17, 917 N.W.2d 199 . [¶ 13] "The Legislature has directed that a specific warning be provided to an arrested defendant before the results of a chemical test can be admitted in a criminal or administrative proceeding." State v. O'Connor , 2016 ND 72 , ¶ 13, 877 N.W.2d 312 . | 1 | 4 |
Holte v. North Dakota State Highway Commissionergreen1 sentence2017See Holte, 436 N.W.2d at 252 . [¶ 20] At the close of the administrative hearing, the hearing office shall notify the person of the hearing officer’s decision and shall immediately deliver a copy of the decision to the person. | 1 | 1 |
City of Fargo v. Ruethergreen2 sentences2016The Legislature has directed that a specific warning be provided to an arrested defendant before the results of a chemical test can be admitted in a criminal or administrative .proceeding, ‘We give special deference to the Legislature when a[n implied consent] statute governing admissibility of evidence is part of a legislative design .that essentially authorizes and creates the item of disputed evidence.” City of Fargo v. Ruether, 490 N.W.2d 481, 484 (N.D.1992) (Legislature can limit admissibility of alcohol screening test). 2016“We give special deference to the Legislature when a[n implied consent] statute governing admissibility of evidence is part of a legislative design that essentially authorizes and creates the item of disputed evidence.” City of Fargo v. Ruether , 490 N.W.2d 481, 484 (N.D. 1992) (Legislature can limit admissibility of alcohol screening test). | 1 | 1 |
Frost v. North Dakota Department of Transportationgreen1 sentence1993See Frost v. North Dakota Dept. of Transp., 487 N.W.2d 6, 8 (N.D.1992); Salter v. Hjelle, 415 N.W.2d 801, 805 (N.D.1987). | 1 | 1 |
State v. Ghylingreen1 sentence1986The results of a chemical analysis of a person’s breath is admissible in evidence when it is shown that the test was: (1) fairly administered; (2) performed according to the methods and with devices approved by the state toxicologist; and (3) performed by an individual possessing a certificate of qualification to administer the test issued by the state toxicologist.” Ghylin, 248 N.W.2d at 826 (Syllabus by the Court). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Knowels
green
2 sentences2012Section 39-08-01(1)0)), N.D.C.C, provides a person can be convicted of driving under the influence of intoxicating liquor regardless of the driver’s blood alcohol level if the State proves the person drove a motor vehicle on a public way lacking “the clearness of intellect and control of himself that he would otherwise have.” State v. Knowels, 2003 ND 180, ¶ 8 , 671 N.W.2d 816 (quoting State v. Whitney, 377 N.W.2d 132, 133 (N.D.1985)). 2012Section 39-08-01(1)0)), N.D.C.C, provides a person can be convicted of driving under the influence of intoxicating liquor regardless of the driver’s blood alcohol level if the State proves the person drove a motor vehicle on a public way lacking “the clearness of intellect and control of himself that he would otherwise have.” State v. Knowels, 2003 ND 180, ¶ 8 , 671 N.W.2d 816 (quoting State v. Whitney, 377 N.W.2d 132, 133 (N.D.1985)). | 2 | 2012–2012 |
Jorgensen v. North Dakota Department of Transportation
green
2 sentences2012Department of Transportation, 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt, 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore, 517 N.W.2d 412, 413 (N.D.1994) (officer’s failure to submit the results of all th 2012Department of Transportation, 2005 ND 80, ¶ 13 , 695 N.W.2d 212 (officer’s failure to record the results of a chemical test on the report and notice form deprived the Department of authority to suspend driving privileges); Aamodt, 2004 ND 134, ¶¶ 23, 25-26 , 682 N.W.2d 308 (officer’s failure to list on the report and notice form the reasonable grounds to believe the driver was in physical control of a moving vehicle, as required by statute, deprived the Department of authority to suspend license); Bosch v. Moore, 517 N.W.2d 412, 413 (N.D.1994) (officer’s failure to submit the results of all th | 2 | 2012–2012 |
Ringsaker v. Director, North Dakota Department of Transportation
green
2 sentences2005Dep’t of Transp. , 1999 ND 127, ¶ 7 , 596 N.W.2d 328 ). 2005Dep’t of Transp. , 1999 ND 127, ¶ 7 , 596 N.W.2d 328 ). | 2 | 2005–2005 |
Lee v. North Dakota Department of Transportation
neutral
2 sentences2005Office of Attorney General, Chemical Test Training School for Intoxilyzer 5000 Student Manual 56 (Fall 2003 and Spring 2004 Training Sessions). [¶6] Under N.D.C.C. § 39-20-07(5), the results of a chemical analysis must be received in evidence if the sample was properly obtained, the test was fairly administered, and “the test is shown to have been performed according to methods and with devices approved by the state toxicologist.” “‘The purpose of section 39- 20-07 is to ease the requirements for the admissibility of chemical test results while ensuring that the test upon which the results are 2005This is done even when the Intoxilyzer 5000 is moved within an office. *201 Office of Attorney General, Chemical Test Training School for Intoxilyzer 5000 Student Manual 56 (Fall 2003 and Spring 2004 Training Sessions). [¶ 6] Under N.D.C.C. § 39-20-07(5), the results of a chemical analysis must be received in evidence if the sample was properly obtained, the test was fairly administered, and “the test is shown to have been performed according to methods and with devices approved by the state toxicologist.” “ ‘The purpose of section 39-20-07 is to ease the requirements for the admissibility of | 2 | 2005–2005 |
City of Grand Forks v. Scialdone
green
2 sentences2005City of Grand Forks v. Scialdone, 2005 ND 24, ¶ 6 , 691 N.W.2d 198 ; City of Bismarck v. Bosch, 2005 ND 12, ¶ 6 , 691 N.W.2d 260 . 2005City of Grand Forks v. Scialdone, 2005 ND 24, ¶ 6 , 691 N.W.2d 198 ; City of Bismarck v. Bosch, 2005 ND 12, ¶ 6 , 691 N.W.2d 260 . | 2 | 2005–2005 |
City of Bismarck v. Bosch
green
2 sentences2005City of Grand Forks v. Scialdone, 2005 ND 24, ¶ 6 , 691 N.W.2d 198 ; City of Bismarck v. Bosch, 2005 ND 12, ¶ 6 , 691 N.W.2d 260 . 2005City of Grand Forks v. Scialdone, 2005 ND 24, ¶ 6 , 691 N.W.2d 198 ; City of Bismarck v. Bosch, 2005 ND 12, ¶ 6 , 691 N.W.2d 260 . | 2 | 2005–2005 |
Lee v. N.D. Department of Transportation
neutral
2 sentences2005Office of Attorney General, Chemical Test Training School for Intoxilyzer 5000 Student Manual 56 (Fall 2003 and Spring 2004 Training Sessions). [¶6] Under N.D.C.C. § 39-20-07(5), the results of a chemical analysis must be received in evidence if the sample was properly obtained, the test was fairly administered, and “the test is shown to have been performed according to methods and with devices approved by the state toxicologist.” “‘The purpose of section 39- 20-07 is to ease the requirements for the admissibility of chemical test results while ensuring that the test upon which the results are 2005This is done even when the Intoxilyzer 5000 is moved within an office. *201 Office of Attorney General, Chemical Test Training School for Intoxilyzer 5000 Student Manual 56 (Fall 2003 and Spring 2004 Training Sessions). [¶ 6] Under N.D.C.C. § 39-20-07(5), the results of a chemical analysis must be received in evidence if the sample was properly obtained, the test was fairly administered, and “the test is shown to have been performed according to methods and with devices approved by the state toxicologist.” “ ‘The purpose of section 39-20-07 is to ease the requirements for the admissibility of | 2 | 2005–2005 |
State v. Hanson
green
1 sentence1993Because a blood test accompanied by a signed report by the State Toxicologist attesting to following proper testing procedures is prima facie evidence of the results of a chemical analysis, Salter v. Hjelle, 415 N.W.2d 801 (N.D.1987), State v. Hanson, 345 N.W.2d 845 (N.D.1984), we assume, absent any evidence by Broeckel to the contrary, that if a passage of time would promote blood fermentation, the State Toxicologist would have issued a memorandum warning of such a possibility and suggested a method of correcting it. | 1 | 1993–1993 |
Miranda v. Arizona
green
2 sentences1993A signed statement from the nurse or medical technician drawing the blood sample for testing as set forth in subsection 5 is prima facie evidence that the blood sample was properly drawn and no further foundation for the admission of such evidence may be required." Section 39-20-07, N.D.C.C. [3] "Prior to any questioning [in a custodial setting], the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Miranda v. Arizona, 384 U.S. 43 1993A signed statement from the nurse or medical technician drawing the blood sample for testing as set forth in subsection 5 is prima facie evidence that the blood sample was properly drawn and no further foundation for the admission of such evidence may be required." Section 39-20-07, N.D.C.C. [3] "Prior to any questioning [in a custodial setting], the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Miranda v. Arizona, 384 U.S. 43 | 1 | 1993–1993 |
Keepseagle v. Backes
green
1 sentence1993Keepseagle v. Backes, 454 N.W.2d 312 (N.D.1990) [statute requires only that blood be drawn, not analyzed, within two hours; if blood sample is drawn within two hours and adequately preserved for analysis, the results are valid and may be used to support a license suspension], *174 The judgment of the district court is affirmed. | 1 | 1993–1993 |
Kuntz v. State Highway Commissioner
green
1 sentence1993A signed statement from the nurse or medical technician drawing the blood sample for testing as set forth in subsection 5 is prima facie evidence that the blood sample was properly drawn and no further foundation for the admission of such evidence may be required." Section 39-20-07, N.D.C.C. [3] "Prior to any questioning [in a custodial setting], the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." Miranda v. Arizona, 384 U.S. 43 | 1 | 1993–1993 |
State v. Anderson
green
1 sentence1988In State v. Anderson, 336 N.W.2d 634 (N.D.1983), our supreme court affirmed an order suppressing the results of a chemical test when the officer did not arrest the defendant before testing in accordance with § 39-20-01, N.D.C.C. | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.