 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Fargo v. Erickson7/29/1999
ions for the trial court:
(1) "Does the B.A.C. test go by weight of the person on 104 form?" and (2) "Was there a breath alizer test administered? If so, what w the results?"
The jury found Erickson guilty of driving under the influence .
II.
[ ] Erickson argues the trial court erred in admitting evidence that he consented to take an A.L.E.R.T. alcohol-screening test. He contends probable cause was not an issue at his trial, and therefore any testimony regarding the A.L.E.R.T. test was inadmissible under N.D.C.C. § 39-20-14. The City asserts only the result of an A.L.E.R.T. test is inadmissible under the statute. [ ] N.D.C.C. § 39-20-14 governs the administration of an A.L.E.R.T. screening test and provides in pertinent part as follows:
"Any person who operates a motor vehicle upon the public highways of this state is deemed to have given consent to submit to an onsite screening test or tests of the person's breath for the purpose of estimating the alcohol content of the person's blood upon the request of a law enforcement officer who has reason to believe that the person committed a moving traffic violation or was involved in a traffic accident as a driver, and in conjunction with the violation or the accident the officer has, through the officer's observations, formulated an opinion that the person's body contains alcohol. . . . The screening test or tests must be performed by an enforcement officer certified as a chemical test operator by the state toxicologist and according to methods and with devices approved by the state toxicologist. The results of such screening test must be used only for determining whether or not a further test shall be given under the provisions of section 39-20-01. The officer shall inform the person that refusal of the person to submit to a screening test will result in a revocation for up to three years of that person's driving privileges."
[ ] This court discussed the provisions of N.D.C.C. § 39-20-14 in State v. Schimmel, 409 N.W.2d 335 (N.D. 1987). In Schimmel, at 338, the State introduced evidence over Schimmel's objection that he had taken and failed an A.L.E.R.T. screening test. Schimmel contended the trial court erred in admitting the results of the A.L.E.R.T. test because probable cause was not an issue at trial. Id. at 339. This court noted under N.D.C.C. § 39-20-14 the only permissible purpose of the screening test is to assist a law enforcement officer in deciding whether probable cause exists warranting an arrest for driving under the influence . Id. We concluded "it was error for the trial court to admit testimony regarding Schimmel's A.L.E.R.T. screening test into evidence." Id.; see also Nichols v. Backes, 461 N.W.2d 113, 114 (N.D. 1990).
[ ] Similarly, in City of Fargo v. Ruether, 490 N.W.2d 481, 483 (N.D. 1992), Ruether conceded the arresting officer had probable cause to arrest him. The City acknowledged under N.D.C.C. § 39-20-14 the result of the A.L.E.R.T. test was inadmissible at trial, but argued the statute was unconstitutional because it intruded into the judiciary's providence of determining admissibility of evidence during trial. Id. After discussing the interplay between statutory procedures and rules of evidence promulgated by this court, we noted statutory procedures supplement our rules unless there is a conflict. Id.
Because the implied-consent feature of N.D.C.C. § 39-20-14 makes the results of an A.L.E.R.T. test admissible for the limited purpose of determining probable cause to arrest, we stated we would "give great latitude to the Legislature in framing the boundaries for admissibility of the evidence generated by the legislative design." Id. at 484
Page 1 2 3 4 5 6 7 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|