 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Dettler v. Sprynczynatyk3/23/2004
On February 20, 2003, at approximately 1:15 a.m., Fargo Police Officer Jonathan Bair observed a pickup in the ditch on the north side of Main Avenue near 40th Street in Fargo. The ditch was snow-covered. The officer determined Dettler was the registered owner of the vehicle, and he located him at a nearby Hardee's. Dettler acknowledged the vehicle was his, but stated he had not been driving it. The officer had called a tow truck, and the two went outside when it arrived. Once outside, the officer observed the smell of alcohol coming from Dettler, so he asked Dettler to recite the alphabet. Dettler failed to correctly state the alphabet. The officer detained Dettler for further investigation into how the car had gotten into the ditch and who was driving it. After asking Dettler some questions and looking around the vehicle, the officer treated Dettler as having been the driver of the vehicle. He then conducted an investigation for driving under the influence ("DUI"). The officer conducted the horizontal-gaze-nystagmus test, the one-legged-stand test, the walk-and-turn test, and an SD-2 test. The officer arrested Dettler for DUI. At 2:17 a.m., Dettler submitted to an Intoxilyzer test, and the results showed he had a blood alcohol level of .14 percent. Dettler was notified of the Department's intent to suspend his driving privileges, and Dettler requested a hearing.
[ ] At the March 21, 2003, administrative hearing, the officer testified he went to Hardee's because he assumed that was where the driver would be. The officer testified that when he got to Hardee's, he "[a]sked an individual that was seated there if he was the owner of the pickup truck that was in the ditch; and [Dettler] stated that, yes he was. Provided a driver's license, identified himself as Jason Dettler." The officer testified that when he approached Dettler, Dettler did not yet have his food. The officer testified they were on the side of Hardee's where they could see the vehicle through the window.
[ ] The officer testified he asked Dettler whether he had been driving the vehicle and asked how it had ended up in the ditch. The officer testified Dettler said that he did not know how the truck had gotten into the ditch and that he had not been driving the vehicle. He explained that "somebody that he had met at a bar in West Fargo who he did not know the name of or where he was had been driving it." He also stated he did not know which bar he had come from.
[ ] The officer testified he asked Dettler whether he had been drinking and Dettler answered yes. The officer also testified he "asked him if he'd come out with me to take care of the vehicle as the wrecker operator was out there." The officer testified that once outside, he could smell alcohol, and he noticed Dettler's watery eyes and unfocused stare. He testified he asked Dettler whether he knew the alphabet; Dettler said yes, and the officer asked him to recite it. He testified Dettler could not recite the alphabet. He testified he placed Dettler in his squad car at that time and told him he was detaining him for an investigation into how the vehicle had gotten into the ditch and who was driving it while under the influence. The officer testified he read Dettler his rights at that time.
[ ] The officer also testified that while he was driving over to Dettler's vehicle, Dettler stated he had been on the passenger side of the vehicle when it went into the ditch and he had gotten out on that side. The officer testified that after they arrived at the vehicle, he could see there were no footprints coming from the passenger's side, and the only tracks were on the driver's side. He testified that the tracks on the driver's side were pointy-toed and deep-heeled and appe
Page 1 2 3 4 5 6 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|