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Lee v. North Dakota Dep't of Transportation1/14/2004
ny is necessary to demonstrate the scientific accuracy of the test. In the present case, the arresting officer was the only person to testify at the hearing, and he was not established as an expert.
[ ] The hearing officer's comment that "there is no evidence that the approved method was not used" suggests Lee had a burden to establish such evidence. Instead it is the burden of the Department to establish that the Intoxilyzer test was fairly administered. Ringsaker, at 11. If the Department wishes to rely on the eased requirements for admissibility under N.D.C.C. § 39-20-07, it must adhere to those requirements. It failed to do so. Because the foundation for admission of the Intoxilyzer test result was not laid, the decision of the hearing officer is not supported by the weight of the evidence.
[ ] The judgment of the district court is affirmed.
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