|2:45 pm||Wednesday, June 13, 2018|
Tre Thomas Schoon, Plaintiff and Appellant
North Dakota Department of Transportation, Defendant and Appellee
|Appeal from:||South Central Judicial District, Burleigh County, Judge Cynthia Feland, 08-2017-CV-02217|
|Nature of Action:||Transportation Dept.|
Appellant's Statement of the Issues:|
1. The DOT waived its argument that Birchfield v. North Dakota, in essence, amended N.D.C.C. 39-20-01(3)(a).
2. The deputy did not inform Schoon of the statutorily-required implied consent advisory under N.D.C.C. 39-20-01(3)(a). Therefore, the blood test evidence and result was not admissible, according to N.D.C.C. 39-20-01(3)(b), and State v. O'Connor, 2016 ND 72, 877 N.W.2d 312. Because the Department willfully failed to follow the legislative mandate of N.D.C.C. 39-20-01(3)(b), the order is not in accordance with the law.
Appellee's Statement of the Issues:
The hearing officer did not err in admitting Schoon's chemical blood test results into evidence by relying on Birchfield v. North Dakota, 579 U.S. ___, 146 S. Ct. 2160 (2016) to excuse Deputy Alm from informing Schoon that refusal to take a chemical blood test is a crime punishable in the same manner as driving under the influence under N.D.C.C. 39-20-01(3)(a) (2015).
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
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Generated from Supreme Court Docket on 06/30/2018