City of West Fargo v. Hawkins
City of West Fargo, Plaintiff and Appellee
Kenneth Donald Hawkins, Defendant and Appellant
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Dui/Dus|
|Term:||06/2000  Argument: 06/26/2000|
|ND cite:||2000 ND 168|
616 N.W.2d 856
Appellant's Statement of the Issues:|
I. North Dakota law requires the prosecution to prove each essential element of the crime charged. The City of West Fargo charged Defendant with driving under the influence of alcohol on May 28, 1999. Can the conviction stand as a matter of law where all testimony pertained to alleged conduct on May 29, 1999, one day later than the offense charged?
II. Before the Form 104 blood alcohol test results can be admitted, North Dakota precedent and statute require adequate foundation be laid by entering the following documents: (1) a statement by the nurse that she followed the approved method drawing Defendant's blood; (2) a similar certified copy of a statement by the toxicologist attesting that the blood testing was done according to the approved method: and (3) the admission of certified copies of the Form 104 and the list of certified operators and instruments. Should the district court have admitted an uncertified copy of the Form 104 blood test results where the nurse did not recall drawing Defendant's blood, where the officer admitted that he did not follow the approved method in sealing the blood kit, and where the City did not offer certified copies of any foundational documents?
Appellee's Statement of the Issues:
I. Whether the uniform traffic citation sufficiently charged the Defendant with the DUI offense for which he was convicted when the Defendant's copy of the complaint indicated the incorrect date of the violation.
A. Even without amending the date of the offense, the complaint sufficiently charged the Defendant with the offense he was convicted of violating.
B. Date of the offense is not an essential element of the offense of DUI.
C. The complaint was actually amended to reflect the correct date.
II. Whether the trial court erred in admitting the Form 104 into evidence.
A. The chemical test was fairly administered.
B. The arresting officer followed the approved method.
C. The nurse followed the approved method.
D. Adequate foundation was provided for purposes of admitting the Form 104 into evidence, and the defendant was not unfairly prejudiced.
|Add Docket 990351 RSS|
|1||11/26/1999 NOTICE OF APPEAL: 11/24/1999|
|2||11/26/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||12/02/1999 ORDER FOR TRANSCRIPT: 12/02/1999|
|4||12/22/1999 RETENTION OF RECORD ON APPEAL (Kelly A. Kroke, Ct. Reporter): 01/21/2000|
|5||01/24/2000 MOT. EXT/TIME TRANSCRIPT (Kelly Kroke)|
|6||01/24/2000 ACTION BY TRIAL COURT (MTR). Granted: 03/01/2000|
|7||03/02/2000 RECORD ON APPEAL (separates 26(transcript) & 34(manual)); not rec'd - 20(tape) & 45(steno notes)|
|8||03/03/2000 TRANSCRIPT COMMENCING October 16, 1999 (2 Volumes)|
|9||03/03/2000 DISK - TRA (2)|
|10||04/12/2000 APPELLANT BRIEF|
|11||04/12/2000 APPELLANT APPENDIX|
|12||04/20/2000 DISK - ATB|
|13||05/15/2000 APPELLEE BRIEF|
|14||05/16/2000 DISK - AEB|
|15||05/26/2000 SITTING WITH THE COURT: McClintock, Jr., John C.|
|16||06/26/2000 APPEARANCES: Tami L. Norgard; Timothy M. O'Keeffe|
|17||06/26/2000 ARGUED: Norgard; O'Keeffe (Vol. X; page 43)|
|18||09/06/2000 DISPOSITION: AFFIRMED|
|19||09/06/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|20||09/06/2000 Order/Judgment Mailed to Parties|
|22||09/29/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||03/09/2007 EXPUNGED - Nonpermanent record items destroyed|