 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Storbakken7/18/1996
Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Bruce E. Bohlman, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.
Richard Clarence Storbakken appealed from a Judgement of conviction, entered upon a conditional plea of guilty, for driving under the influence of alcohol in violation of section 39-08-01, NDCC. We conclude that the officer's stop of Storbakken's vehicle was valid, that the criminal proceeding did not subject Storbakken to double jeopardy, and that the district court did not abuse its discretion by denying the defendant's motion to suppress the intoxilyzer test results. We affirm the district court's judgment.
On May 25, 1995, at approximately 1:12 a.m., Officer Troy Vanyo with the Grand Forks Police Department, noticed a vehicle traveling on South Washington Street in Grand Forks, North Dakota. The officer saw the vehicle cross the line dividing the northbound lanes while the vehicle was traveling at 40 miles per hour in a 30 miles per hour zone. After stopping Storbakken, the officer smelled the odor of alcohol. The officer asked Storbakken for his drivers, license, which the officer discovered had been revoked. Officer Vanyo asked Storbakken to accompany him to the patrol car, where the officer administered a series of field sobriety tests, including the "alphabet" test, the "counting backwards" test, and the "finger touch" test.
After conducting the field sobriety tests, Officer Vanyo placed Storbakken under arrest for driving under revocation and for driving under the influence of alcohol. The officer took Storbakken to the police station for an intoxilyzer test. At the police station, Officer Vanyo gave Storbakken the implied consent advisory and determined that nothing had been in his mouth for a period of twenty minutes. After Storbakken consented to the test, Officer Pat Torok, a certified operator of the Intoxilyzer 5000, began the first test sequence by pressing the "start" button and inserting the test record form into the intoxilyzer machine, but the form did not feed into the machine properly. The officer pressed the "start" button to abort the test before Storbakken had the opportunity to give a breath sample. The officer then inserted a second form which the machine accepted. Although the machine's printer continued to experience difficulty, the officer testified he carried on the test sequence and obtained two breath samples from Storbakken. The forms from the aborted test and the completed test were retained.
On June 23, 1995, an administrative hearing officer concluded the State did not prove a legally sufficient basis for stopping Storbakken's vehicle and dismissed the administrative action. After the administrative decision, Storbakken filed motions in the district court to dismiss the criminal DUI charge, or, in the alternative, to suppress evidence. The district court denied the motions to dismiss, rejecting Storbakken's arguments that the officer lacked reasonable suspicion and that the criminal proceeding subjected him to double jeopardy. The district court also denied Storbakken's motion to suppress evidence of the intoxilyzer test.
On appeal, Storbakken argues the officer did not have a reasonable and articulable suspicion to stop him; the criminal proceeding subjected him to double jeopardy or the district court was collaterally estopped from determining whether the officer had reasonable suspicion to make the stop; and the administration of the intoxilyzer test violated section 39-20-01, NDCC. We disagree with Storbakken's arguments.
I.
Storbakken contends Officer Vanyo did not
Page 1 2 3 4 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|