State v. Pace

20050342 State of North Dakota, Plaintiff and Appellee
v.
Scott Pace, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Dui/Dus
Counsel:
Appellant: Vinje Law Firm
Appellee: Julie Ann Lawyer , Asst. State's Attorney
Term: 03/2006   Argument: 03/21/2006  Waived
ND cite: 2006 ND 98
NW cite: 713 N.W.2d 535


Issues: Appellant's Statement of the Issues:
After being arrested for driving under the influence, Pace was denied his statutory right to a reasonable opportunity to consult with counsel in a meaningful way before deciding whether to submit to alcohol testing, as provided by N.D.C.C.  29-05-20.

Appellee's Statement of the Issues:
Whether the Defendant was provided a reasonable opportunity to contact an attorney after his arrest for driving under the influence and prior to the administration of a chemical test.

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Docket entries:
109/29/2005 NOTICE OF APPEAL: 09/27/2005
209/29/2005 ORDER FOR TRANSCRIPT: 09/27/2005
310/21/2005 TRANSCRIPT DATED 8-18-05
410/21/2005 DISK - tra (8-18-05) (e-mailed)
510/27/2005 RECORD ON APPEAL, including videotape (Not received were 2 cassette tapes, which are part of
610/27/2005 Clerk's Cert. No. 15; No. 25 - Court Reporter Notes)
711/07/2005 Clerk's Supp. Cert. of Record on Appeal with entries 15(two cassettes), 36 & 37
811/14/2005 Clerk's Supp. Cert. of Record on Appeal with entries 38-40 attached (including criminal judgment)
911/17/2005 Clerk's Supp. Cert. of Record on Appeal with entries 41-46 attached (including Amended NOA)
1011/17/2005 Amended Notice of Appeal (original in Clerk's Supp. Cert of Record on Appeal #42)
1111/28/2005 MOT. EXT/TIME APPELLANT BRIEF
1211/28/2005 ACTION BY CLERK (MAT). Granted: 12/14/2005
1311/28/2005 E-FILED MOTION (MAT)
1412/13/2005 APPELLANT BRIEF
1512/13/2005 APPELLANT APPENDIX
1612/13/2005 E-FILED BRIEF (atb)
1712/13/2005 E-FILED APPENDIX (ata)
1812/15/2005 Rec'd $25 surcharge for ATB
1912/15/2005 Copies made of atb and ata
2001/11/2006 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2101/11/2006 E-FILED MOTION (MAE) (Faxed)
2201/11/2006 ACTION BY CLERK. Granted: 02/11/2006
2302/10/2006 APPELLEE BRIEF
2402/10/2006 DISK (e-filed) AEB
2502/16/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2603/21/2006 APPEARANCES: Argument waived under NDRAppP 34(a)(2)
2703/21/2006 ARGUED: Argument waived under NDRAppP 34(a)(2)
2805/11/2006 DISPOSITION: AFFIRMED
2905/11/2006 UNANIMOUS OPINION: Crothers, Daniel John
3005/12/2006 Judgment Mailed to Parties
3106/02/2006 MANDATE
3206/09/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014