Knoll v. ND Dept. of Transportation

20020059 Darin Lee Knoll, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Benny A. Graff
Nature of Action: Transportation Dept.
Counsel:
Appellant: Vinje Law Firm
Appellee: Andrew Moraghan , Att. General Office
Term: 05/2002   Argument: 05/01/2002
ND cite: 2002 ND 84
NW cite: 644 N.W.2d 191

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The Department has failed to sustain its burden to show the test was fairly administered, given that Knoll, who was both courteous and cooperative, innocently had chewing tobacco in his mouth during intoxilyzer testing. As a consequence, the intoxilyzer test result should not have been admitted into evidence under N.D.C.C.  39-20-07(5).

Appellee's Statement of the Issues:
I. Whether Knoll is barred from challenging the foundation for admissibility of his Intoxilyzer test results because he provided incorrect information while Trooper Wahlen was attempting to ascertain the 20-minute waiting period.
II. Whether this Court should take judicial notice of statements made by the prosecutor at a suppression hearing in the criminal DUI action that arose out of Knoll's arrest.

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Docket entries:
103/04/2002 NOTICE OF APPEAL: 03/01/2002
203/15/2002 APPELLANT BRIEF
303/15/2002 APPELLANT APPENDIX
403/15/2002 DISK - ATB
503/28/2002 RECORD ON APPEAL (including transcript of testimony of administrative Hearing of 11-30-01
603/28/2002 DISK - TRA Admin. Hearing
703/28/2002 APPELLEE BRIEF
803/28/2002 DISK - AEB e-mailed
904/29/2002 Request for Radio/TV Coverage (AP) (e-mail dated 4-29-02 from Dale Wetzel) (APPROVED)
1005/01/2002 APPEARANCES: Chad R. McCabe; Andrew Moraghan, Assistant Attorney General
1105/01/2002 ARGUED: McCabe; Moraghan (Vol. X; Page 221)
1205/01/2002 ORAL ARGUMENT WEBCAST
1305/14/2002 DISPOSITION: AFFIRMED
1405/14/2002 UNANIMOUS OPINION: Sandstrom, Dale V.
1505/13/2002 Costs on appeal awarded in favor of Appellee, NDDOT
1605/20/2002 Order/Judgment Mailed to Parties
1706/10/2002 MANDATE
1806/13/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1907/10/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/20/2018